THE  ELECTION  LAWS 


OF 


WEST  VIRGINIA 


INCLUDING 


"REGISTRATION  ACT"  OF  1908   AND    "CORRUPT 
PRACTICES  ACT"  OF  1908 


WITH  NOTES  OF  DECISIONS  AND  ORIGINAL  ACTS  AND 


GENERAL   INSTRUCTIONS 


CONCERNING  THE  APPOINTMENT  AND  DUTIES  OF 


ELECTION  OFFICERS 


CHARLESTON: 

The  Tribonk   Printing  Co. 

1908. 


PROVISIONS  OF 
CONSTITUTION  OF  WEST  VIRGINIA 

PERTAINING  TO   ELECTIONS  AND  OFFICERS. 


ARTICLE  IV. 
Elections  and  Officers. 

1.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at  all  elec- 
tions held  within  the  counties  in  which  they  respectively  reside;  but  no 
person  who  is  a  minor  or  of  unsound  mind,  or  a  pauper,  or  who  is  under 
conviction  of  treason,  felony,  or  bribery  in  an  election,  or  who  has  not 
been  a  resident  of  the  State  for  one  year,  and  of  the  county  in  which  he 
offers  to  vote,  sixty  days  next  preceding  such  offer,  shall  be  permitted  to 
vote  while  such  disability  continues;  but  no  person  in  the  military,  naval 
or  marine  service  of  the  United  Stales  shall  be  deemed  a  resident  of  this 
State  by  reason  of  being  stationed  therein. 

2.  In  all  elections  by  the  people  the  mode  of  voting  shall  be  by  ballot; 
but  the  voter  shall  be  left  free  to  vote  by  either  open,  sealed  or  secret 
ballot,  as  he  may  elect. 

3.  No  voter,  during  the  continuance  of  an  election  at  which  he  was 
entitled  to  vote,  or  during  the  time  necessary  and  convenient  for  going 
to  and  returning  from  the  same,  shall  be  subject  to  arrest  upon  civil 
process,  or  be  compelled  to  attend  any  court,  or  judicial  proceeding,  as 
Suitor,  juror  or  witness;  or  to  work  upon  the  public  roads;  or,  except 
in  time  of  war  or  public  danger,  to  render  military  service 

4.  No  person,  except  citizens  entitled  to  vote,  shall  be  elected  or  ap- 
pointed to  any  State,  county  or  municipal  office;  but  the  Governor  and 
judges  must  have  attained  the  age  of  thirty,  and  the  Attorney-General 
and  Senators  the  age  of  twenty-five  years,  at  the  beginning  of  their  re- 
spective terms  of  service;  and  must  have  been  citizens  of  the  State  for 
five  years  next  preceding  their  election  or  appointment  or  be  citizens  at 
the  time  this  Constitution  goes  into  operation — [15  W  Va.  234,  483;  20 
W.  Va.  89.] 

5.  Every  person  elected  or  appointed  to  any  office,  before  proceeding 
to  exercise  the  authority,  or  discharge  the  duties  thereof,  shall  make  oath 
or  affirmation  that  he  will  support  the  Constitution  of  the  United  States 
and  the  Constitution  of  this  State  and  that  he  will  faithfully  discharge 
the  duties  of  his  said  office  to  the  best  of  his  skill  and  judgment;  and  no 
other  oath,  declaration,  or  test  shall  be  required  as  a  qualification,  unless 
herein  otherwise  provided. 

6.  All  officers  elected  or  appointed  under  this  Constitution,  may,  un- 
less in  cases  herein  otherwise  provided  for,  be  removed  from  office  for 
official  misconduct,   incompetence,  neglect  of  duty,  or  gross  immorality, 


257174 


ft  #  •  ELECTIONS   BY    THE    PEOPLE. 

in  such  manner  as  may  be  prescribed  by  general  laws,  and  unless  so 
removed  they  shall  continue  to  discharge  the  duties  of  their  respective 
offices  until  their  successors  are  elected  or  appointed  and  qualified. — [43 
W.  Va.  595.] 

7.  (As  amended — See  Acts  1883,  p.  137.) — The  general  elections  of 
State  and  county  officers  and  members  of  the  legislature,  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  in  November,  until  otherwise 
provided  by  law.  The  terms  of  such  officers,  not  elected,  or  appointed  to 
fill  a  vacancy,  shall,  unless  herein  otherwise  provided,  begin  on  the 
first  day  of  January;  and  of  the  members  of  the  legislature,  on  the  first 
day  of  December  next  succeeding  their  election.  Elections  to  fill  vacan- 
cies, shall  be  for  the  unexpired  term.  When  vacancies  occur  prior  to 
any  general  election,  they  shall  be  filled  by  appointment,  in  such  manner 
as  may  be  prescribed  herein,  or  by  general  law,  which  appointments  shall 
expire  at  such  time  after  the  next  general  election  as  the  person  so  elected 
to  fill  such  vacancy  shall  be  qualified. 

8.  The  legislature  in  cases  not  provided  for  in  this  Constitution  shall 
prescribe  by  general  laws,  the  terms  of  office,  .powers,  duties  and  com- 
pensation of  all  public  officers  and  agents,  and  the  manner  in  which  they 
shall  be  elected,  appointed  and  removed. —  [6  W.  Va.  562.] 

9.  Any  officer  of  the  State  may  be  impeached  for  mal-administration, 
corruption,  incompetency,  gross  immorality,  neglect  of  duty,  or  any  high 
crime  or  misdemeanor.  The  House  of  Delegates  shall  have  the  sole  power 
of  impeachment.  The  Senate  shall  have  the  sole  power  to  try  impeach- 
ments and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  elected  thereto.  When  sitting  as  a  court  of  im- 
peachment the  President  of  the  Supreme  Court  of  Appeals  or,  if  from  any 
cause  it  be  improper  for  him  to  act,  then  any  other  judge  of  that  court,  to 
be  designated  by  it,  shall  preside;  and  the  Senators  shall  be  on  oath  or 
affirmation,  to  do  justice  according  to  law  and  evidence.  Judgment  in 
cases  of  impeachment,  shall  not  extend  further  than  to  removal  from 
office,  and  disqualification  to  hold  office  of  honor,  trust,  or  profit,  un- 
der the  State;  but  the  party  convicted  shall  be  liable  to  indictment, 
trial,  judgment,  and  punishment,  according  to  law.  The  Senate  may  sit 
during  the  recess  of  the  Legislature,  for  the  trial  of  impeachments. 

10.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of  this  Con- 
stitution, either  in,  or  out  of  the  State,  fight  a  duel  with  deadly  weapons, 
or  send  or  accept  a  challenge  so  to  do,  or  who  shall  act  as  a  second  or 
knowingly  aid,  or  assist  in  such  duel,  shall,  ever  thereafter,  be  incapable 
of  holding  any  office  of  honor,  trust  or  profit  in  this  State. 

11.  The  Legislature  shall  prescribe  the  manner  of  conducting  and  mak- 
ing returns  of  elections,  and  of  determining  contested  elections;  and  shall 
pass  such  laws  as  may  be  necessary  and  proper  to  prevent  intimidation, 
disorder  or  violence  at  the  polls,  and  corruption  or  fraud  in  voting,  count- 
ing the  vote,  ascertaining  and  declaring  the  result  or  fraud  in  any  man- 
ner, upon  the  ballot. 

12.  The  Legislature  shall  enact  proper  laws  for  the  registration  of  all 
qualified  voters  in  this  State." 


CHAPTER    3    CODE. 


ELECTIONS  BY  THE  PEOPLE  FOR  STATE,  DISTRICT,  COUNTY  AND 
OTHER   OFFICERS. 


Sec. 
1 


29 
30 

32 
33 

44 
45 

46 

48 
50 

52 
53 
63 

67 


General  elections  and  when  held. 

and  3  Officers  to  be  elected  and 
when. 

Magisterial   districts. 

and   6      Election  precincts. 

Commissioners   of   election. 

Poll  clerks. 

and  10     Poll  books. 

Oaths  of  election  officers. 

and  13     Ballot  boxes. 

and  15  When  and  how  polls  open- 
ed and  closed. 

Who  to  vote  and  where. 

Mode  of  voting. 

to  28  Conventions,  primary  elec- 
tions and  certificates  of  nomina- 
tions to  public  office. 

Vacancies  in  nomination,  how  filled. 

and  31  Publication  of  nomina- 
tions. 

Board  of  ballot  commissioners. 

to  43  Preparation  and  distribution 
of  ballots.     How   to  make  ballot. 

Cards   of  instruction  to  voters. 

Election  rooms,  shelves  or  tables 
and  compartments. 

and  47  Prevention  of  disorder  at 
the  polls. 

and  49     Challengers. 

and  51  Persons  accused  of  illegal 
voting. 

Time  allowed  employes  to  vote. 

to   62      Conducting   the  election. 

to  66  Ascertaining  the  result  at 
the  several   election  precincts. 

Precinct  returns  of  election  results. 


Sec. 

68 

70 

71 


74 


83 


85 


ST 


88 
89 


90 


or, 


and  69     Canvassing  board. 

Certificates ;  to  whom  sent :  how 
disposed  of ;   proceedings  thereon. 

Decision  in  case  of  equality  of 
votes. 

and  73  Declaring  the  result  of  the 
election  of  county  and  district 
officers  in  case  of  contested  elec- 
tion. 

to  82  Additional  offenses  and  pen- 
alties. 

and  84  Affidavit  taken  during  elec- 
tion. 

Municipal   elections. 

Compensation  of  election  officers. 

Election  expenses  a  county  and  mu- 
nicipal charge. 

Election  days  legal  holidays. 

Mandamus  to  compel  performance 
of  duty. 

Witnesses  compelled  to  testify 
though  implicated. 

Registration  Law,  Page  38 


Voter    refusing   oath    or    to    answer 
questions,  not  to  be  registered. 

97  Evidence  entitling  voter  to  be  regis- 

tered. 

98  Penalties   for   violating   registration 

laws. 

99  Duty  of  Circuit  Courts  to   instruct 

grand  juries. 

100  Penalty    on    voter   for   being   bribed 

or  bought. 


General  Elections — When  Held. 


1.  The  general  election  for  State,  district,  county  and  other  officers 
hereinafter  named,  excepting  municipal  elections,  shall  he  held  on  the 
Tuesday  next  after  the  first  Monday  in  November,  until  otherwise  pro- 
vided by  law.— [Const.  1863.  Art.  Ill,  Sec.  7;  Art.  VII,  Sec.  2;  Const.  1872, 
Art.  IV,  Sec.  7;  Acts  1872-3,  ch.  118;  1882,  ch.  155;  1885,  ch.  2;  1891,  ch.  89.] 

Officers  to  oe  Elected,  and  When. 

2.  At  the  said  election  in  the  year  one  thousand  nine  hundred  and 


6  Elections  by  the  People. 

four,  and  every  second  year  thereafter,  there  shall  he  elected  delegates 
to  the  legislature,  a  senator  for  each  senatorial  district,  and  a  commis- 
sioner of  the  county  court.  And  in  the  year  one  thousand  nine  hundred 
and  four,  and  in  every  fourth  year  thereafter,  a  governor,  secretary  of 
state,  state  superintendent  of  free  schools,  treasurer,  auditor  and  attorney 
general  for  the  state;  a  prosecuting  attorney,  surveyor  of  lands,  sheriff, 
the  number  of  assessors  prescribed  by  law  for  each  county,  and  the  number 
of  justices  and  constables  in  each  magisterial  district  in  the  county,  to 
which  such  district  is  entitled  by  law,  to  be  from  time  to  time  ascertained 
and  entered  of  record  by  the  county  court  And  in  the  year  one  thousand 
nine  hundred  and  eight,  and  in  every  sixth  year  thereafter,  a  clerk  of  the 
circuit  court  and  a  clerk  of  the  county  court.  And  in  the  year  one  thou- 
sand nine  hundred  and  four,  and  every  eighth  year  thereafter,  one  judge 
of  every  judicial  circuit,  except  the  first,  and  for  the  first  circuit,  two 
judges.  And  in  the  year  one  thousand  nine  hundred  and  four,  and  in 
every  twelfth  year  thereatfer  two  judges  of  the  supreme  court  of  appeals; 
and  in  the  year  one  thousand  nine  hundred  and  eight  and  in  every  twelfth 
year  thereafter,  one  judge  of  the  supreme  court  of  appeals;  and  in  the 
year  one  thousand  nine  hundred  and  twelve  and  in  every  twelfth  year 
thereafter,  two  judges  of  the  supreme  court  of  appeals. — [Acts  1863,  ch. 
100,  Sec.  1;  Const.  1863,  Art.  V,  Sees.  1,  7;  Art.  VI,  Sees.  4,  7,  15,  16;  Art. 
VII,  Sec.  5;  Const.  1872  Arts.  IV,  VI,  VII,  VIII,  IX;  Acts  1872-3,  ch.  118; 
1875,  ch.  66;  188.2,  ch.  155;   1883,  ch.  1;  1891,  ch.  89;  1903,  ch.  21.] 

3.  Electors  of  president  and  vice-president  of  the  United  States  shall 
be  chosen  by  the  voters  of  the  State  at  the  elections  to  be  held  for  the 
purpose  on  the  Tuesday  next  after  the  first  Monday  in  November  in  the 
year  one  thousand  eight  hundred  and  ninety-two  and  every  fourth  year 
thereafter,  and  at  least  sixty  days  before  every  such  election,  the  gov- 
ernor by  proclamation  published  in  some  newspaper  in  every  county 
where  a  newspaper  is  printed,  shall  give  notice  of  the  time  of  such  elec- 
tion, and  the  number  of  electors  to  be  chosen.  And,  on  the  Tuesday  next 
after  the  first  Monday  in  November,  one  thousand  eight  hundred  and 
ninety-two  and  in  every  second  year  thereafter  or  until  the  congress  of 
the  United  States  shall  otherwise  provide,  there  shall  be  elected  a  repre- 
sentative in  the  congress  of  the  United  States,  for  the  term  beginning  on 
the  fourth  day  of  March  next  after  the  election,  for  every  congressional 
district.— [Const.  U.  S.,  Art.  II,  Sec.  1,  cl.  2,  44;  Acts,  1872-3  ch.  118;  1875, 
ch.  66;  1882,  ch.  155;  1891,  ch.  89.] 

Magisterial  Districts. 

4.  Each  county  shall  be  laid  off  by  the  county  court  into  magisterial 
districts  not  less  than  three  nor  more  than  ten  in  number  and  as  nearly 
equal  as  may  be  in  territory  and  population.  There  shall  be  elected  in 
each  of  said  districts  containing  a  population  of  not  exceeding  twelve 
hundred  one  justice  of  the  peace  and  one  constable;  and,  if  the  popula- 
tion of  any  such  district  exceed  that,  number,  two  justices  and  two  con- 
stables shall  be  elected  therein.  Such  districts,  as  they  now  exist  in  each 
county,  shall  remain  until  changed  by  the  county  court.  The  county 
court  may,  from  time  to  time,  increase  or  diminish  the  number  of  such 
districts,  change  the  boundary  lines  thereof,  as  necessity  may  require,  in 


Elections  by  the  People.  7 

order  to  conform  the  same  to  the  provisions  of  the  constitution  of  the 
State.  But  before  such  districts  shall  be  increased,  or  diminished,  or  the 
boundary  lines  thereof  changed,  the  said  court  shall  cause  a  notice  of  its 
intention  to  do  so  to  be  posted  on  the  front  door  of  the  court  house  of  the 
county  and  at  some  public  place  in  each  district  affected  thereby,  for  at 
least  thirty  days  prior  to  the  term  of  the  court  at  which  such  action  is 
proposed  to  be  taken.  The  words  '-county  court"  shall  be  construed  to 
include  every  tribunal  in  lieu  thereof,  created  under  the  provisions  of  sec- 
tion twenty-nine,  article  eight  of  the  State  constitution. — [Const.  1863, 
Art.  VII,  Sec.  2;  Acts  1863,  p.  116,  186;  1868,  p.  112;  Const.  1872,  Art.  VIII, 
Sec.  27;  Acts  1872-3,  ch.  118;  3  882,  ch.  155;  1891,  ch.  89.] 

Election  Precincts. 

5.  The  county  court  of  each  county  in  this  state  shall,  at  their  first 
session  after  the  taking  effect  of  this  act,  divide  the  magisterial  districts 
of  their  respective  counties  into  election  precincts,  number  the  same, 
establish  the  boundaries  thereof,  and  designate  at  least  one  place  of  hold- 
ing elections  in  each  magisterial  district.  Every  magisterial  district,  in 
which  only  one  place  of  holding  elections  is  designated,  shall  constitute 
a  precinct.  There  shall  be  but  one  voting  place  in  a  precinct,  which  shall 
be  established  as  near  as  possible  at  the  place  most  convenient  for  the 
voters  of  the  precinct  Each  precinct  shall  contain  as  nearly  as  prac- 
ticable, two  hundred  electors,  based  on  the  number  of  votes  cast  at  the 
last  election  for  presidential  electors;  but  no  precinct  shall  contain  more 
than  two  hundred  and  fifty  electors.  If  at  any  election  hereafter  two 
hundred  and  fifty  or  more  votes  shall  be  cast  at  any  voting  place,  it  shall 
be  the  duty  of  the  county  court  to,  and  it  shall  at  its  next  regular  meet- 
ing after  such  election,  divide  such  precinct  as  equally  as  possible,  so 
that  the  new  precinct  formed  thereof,  or  in  part  thereof,  shall  each  con- 
tain two  hundred  electors,  as  nearly  as  practicable;  but  no  precinct  shall 
contain  more  than  two  hundred  and  fifty  electors.  If  such  county  court 
fail  to  act  as  herein  directed,  any  qualified  voter  of  the  county  may  apply 
for  a  writ  of  mandamus  to  compel  a  performance  of  this  duty. — [Const. 
1863,  Art.  VII,  Sec.  4;  Acts  1863,  p.  71,  114,  115;  1872-3,  ch.118;  1882,  ch. 
155;  1891,  ch.  89;  1893,  ch.  25.] 

6.  The  county  court  of  any  county  may  change  the  boundaries  of  any 
precinct  within  such  county  or  divide  any  precinct  into  two  or  more  pre- 
cincts or  consolidate  two  or  more  precincts  into  one,  or  change  any  place 
of  holding  elections,  whenever  public  convenience  or  the  public  good  may 
require  it.  And  if  by  reason  of  the  destruction  of  the  house  or  structure 
at  which  a  precinct  election  has  been  established  or  if  for  any  other  rea- 
son the  election  cannot  be  held  thereat,  and  no  provision  has  been  made 
by  the  county  court  for  holding  the  election  at  another  place  the  com- 
missioners of  election  at  such  place  may  hold  the  election  at  the  place 
nearest  thereto  which  they  can  secure  for  the  purpose;  and  in  such  case 
they  shall  make  known  by  proclamation  to  the  voters  assembled  at  such 
first  named  place  of  voting,  the  place  at  which  the  election  will  be  held. 
And  the  county  court  shall,  in  such  case,  establish  another  place  of  voting 
for  said  precinct  as  soon  thereafter  as  practicable. 

Provided,     That  no  precinct  shall  be  so  enlarged  as  to  contain  more 


3  Elections  by  the  People. 

than  250  electors;  and  provided,  further,  that  no  such  change,  division 
or  consolidation  shall  be  made  by  the  county  court  within  ninety  days  next 
preceding  an  election,  and  provided  further,  that  no  such  change,  division 
or  consolidation  shall  be  valid  without  giving  due  notice,  at  least  one 
month  before  any  election,  by  publication  in  two  newspapers  published  in 
said  county,  if  such  there  be,  representing  the  two  political  parties  which 
cast  the  highest  number  of  votes  in  the  State  at  the  last  preceding  general 
election  and  by  posters  put  up  in  four  of  the  most  public  places  in  each 
precinct  affected  thereby. 

The  county  court  shall  keep  in  a  well  bound  book,  marked  "election 
precinct  record,"  a  complete  record  of  all  their  proceedings  in  this  and 
the  next  preceding  section,  and  every  order  entered  creating  a  precinct 
or  precincts  or  establishing  a  place  of  voting  therein.  Said  court  shall, 
within  ten  days  from  the  date  of  such  order,  cause  to  be  published  in  two 
newspapers,  if  such  there  be,  representing  the  parties  casting  the  highest 
number  of  votes  in  the  county  at  the  last  election  of  presidential  electors, 
and  posted  at  the  front  door  of  the  court  house. 

Said  "election  precinct  record"  shall  be  kept  by  the  circuit  court  clerk 
in  his  office  and  shall,  at  all  reasonable  hours,  when  not  actually  in  use 
by  the  county  court,  be  subject  to  inspection  by  any  citizen  of  the  county. 
—[Acts  1891,  ch.  89;  1893,  ch.  25;  1895,  ch.  3.] 

Commissioners  of  Election. 

7.  The  county  court  of  every  county  shall  hold  a  regular  or  special 
session  at  the  court  house  of  their  county,  on  the  first  Tuesday  of  the 
month  next  preceding  the  month  in  which  any  election  is  to  be  held,  and 
shall  appoint  three  qualified  voters  as  commissioners  of  election  for  each 
precinct  in  their  county.  Said  commissioners  shall  be  persons  of  good 
standing  and  character  and  not  addicted  to  drunkenness.  They  shall  be 
selected  from  the  two  political  parties  which  at  the' last  preceding  elec- 
tion cast  the  highest  number  of  votes  in  the  magisterial  district  in  which 
the  election  is  about  to  be  held,  and  not  more  than  two  of  them  shall 
belong  to  the  same  political  party.  But  if  at  any  time  during  said  ses- 
sion, the  county  executive  committee  or  either  political  party  from  which 
said  commissioners  of  election  are  to  be  selected  or  appointed,  as  is  here- 
inafter provided  for,  shall  present  to  the  said  court  a  writing  signed  by 
them,  or  by  the  chairman  of  said  committee  on  their  behalf,  requests  the 
appointment  of  a  qualified  voter  of  their  political  party,  and  who  is  other- 
wise qualified  to  act  as  such  under  the  provisions  of  this  section,  it  shall 
be  the  duty  of  the  court  to  appoint  the  person  named  in  such  writing  as 
such  commissioner.  Every  writing  so  presented  shall  be  filed,  preserved 
and  kept  by  the  clerk  of  said  court  in  his  office.  And  if  it  shall  appear  that 
the  said  writing  was  a  forgery,  and  that  it  was  forged  by  the  person 
presenting  the  same  to  the  court,  or  that  he  presented  the  same  to  the 
court  knowing  it  to  be  forgery  thereof,  and,  upon  conviction  thereof,  shall 
be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  five  year3, 
or  at  the  discretion  of  the  court,  he  may  be  fined  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars,  and  confined  in  the 
county  jail  not  less  than  three  nor  more  than  six  months.  No  person 
shall  be  eligible  to  appointment  as  a  commissioner .  of  elections,   or  in 


Elections  by  the  People.  9 

any  way  to  act  as  such,  who  has  anything  of  value  bet  or  wagered  on  the 
result  of  such  election,  or  who  is  a  candidate  to  be  voted  for  at  such  elec- 
tion. If  any  of  the  commissioners  of  election  shall  fail  to  appear  at  the 
hour  appointed  for  the  opening  of  the  polls,  the  remainder  of  the  com- 
missioners may  select  a  member  of  his  political  party  to  serve  in  his 
stead.  But  if  the  qualified  voters  of  his  party  present  at  the  polls  shall 
nominate  a  voter  of  his  party,  qualified  to  act  under  the  provisions  of 
this  section,  such  nominee  shall  be  appointed.  If  none  of  the  commis- 
sioners of  election  shall  appear  at  the  hour  appointed  for  opening  the 
polls,  the  qualified  voters  present  being  at  least  ten  in  number,  shall  elect 
three  commissioners  of  election  to  act  in  their  stead,  by  a  viva  voce  vote, 
not  more  than  two  of  whom  shall  belong  to  or  be  elected  by  the  same 
political  party,  as  herein  provided  for.  The  commissioners  of  election 
acting  at  any  such  precinct  election  shall  have  power  and  authority  to 
administer  oaths,  and  to  take  and  certify  affidavits  in  relation  to  any  mat- 
ter or  thing  required  or  permitted  to  be  done  by  any  of  the  provisions  of 
this  act  and  the  making  of  any  such  oath  or  affidavit  by  any  person  falsely, 
shall  be  perjury,  and  the  party  guilty  thereof  may  be  indicted,  convicted 
thereof  and  punished  therefor,  as  in  other  cases  of  perjury. — [Acts  1863, 
p.  116;  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89.] 

Poll  Clerks. 

S.  The  commissioners  of  election  of  each  precinct  in  their,  district  shall 
appoint  two  poll  clerks,  one  from  each  of  the  political  parties  which  cast 
the  largest  number  of  votes  at  the  last  preceding  general  election  in  the 
State,  and  who  are  qualified  voters  in  their  district.  But  if  the  voters  of 
either  of  said  parties  present  at  the  election  shall  nominate,  by  viva  voce 
vote  a  qualified  voter  of  their  party  to  act  as  poll  clerk,  such  nominee 
shall  be  appointed.  And  in  case  a  dispute  shall  arise  as  to  the  nomina- 
tion so  made,  the  commissioner  or  commissioners  of  election  of  the  party 
to  which  such  nominee  belongs  shall  appoint  such  poll  clerk.  But  no 
person  shall  be  appointed  a  commissioner  of  election  or  poll  clerk  who  has 
in  his  employ,  or  who  as  agent  or  superintendent  has  under  his  control 
or  management,  ten  employes  who  are  legal  voters. — [Acts  1863,  p.  116; 
1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89;  Snodgrass  vs.  Co.  Ct,  44  W.  Va. 
56;   Dial  vs.  Hollandsworth,  39  W.  Va.  1.] 

Poll  Books. 

9.  The  Clerk  of  the  county  court  shall  at  the  expense  of  the  county, 
provide,  and  cause  to  be  delivered  to  the  commissioners  of  election  or  one 
of  them/  of  the  several  precincts,  at  least  three  days  previous  to  any 
election  proper  poll  books  containing  one  column  headed  "names  of  voters" 
and  an  additional  column  headed  "number  of  voters"  with  the  oath  of  the 
commissioners  of  election  and  poll  clerks  written  or  printed  thereon  or 
attached  thereto,  ballot  boxes,  tally  papers,  strong  and  durable  envelopes 
for  return  and  whatever  else  is  necessary  for  holding  the  election  and 
making  due  return  thereof.— [Acts  1863  p.  117;  1872-3,  ch.  118;  1882,  ch- 
155;   1891,  ch.  89.] 

10.  Every  poll  book  shall  bear  on  the  first  page  thereof  the  following 
heading:     •Names  of  all  persons  voting  at  precinct  No. in  the  district 


10  Elections  by  the  People. 

of ,  and  county  of ,  this day  of ,  in  the  year ." 

Two  such  poll  books  with  the  names  of  all  persons  voting  entered  thereon 
shall  be  kept  at  every  place  of  voting.— [Acts  1863,  p.  119;  1872-3,  ch.  118; 
1882,  ch.  155;   1891,  ch.  89.] 

Oaths  Of  Election  Officers. 

11.     Every  commissioner  of  election,  so  appointed  as  aforesaid,   shall 
before  entering  upon  the  discharge  of  his  duties,  take  and  subscribe  an 
oath  to  the  following  effect: 
State  of  West  Virginia, 

County,  ss. 

I,  A —  B — ,  do  solemnly  swear  that  I  will  support  the  constitution  of 
the  United  States  and  the  constitution  of  this  State;  that  I  will  faithfully 
and  impartially  discharge  the  duties  of  commissioner  of  election  assigned 
by  law;  that  I  will  not  knowingly  permit  any  person  to  vote  who  is  not 
qualified,  and  will  not  knowingly  refuse  the  vote  of  any  qualified  voter, 
or  cause  any  -delay  to  persons  offering  to  vote  further  than  is  necessary 
to  procure  satisfactory  information  of  the  qualifications  of  such  person 
as  a  voter;  that  I  have  been  a  resident  of  the  State  of  West  Virginia  for 
one  year,  and  of  the  county  and  magisterial  district  in  which  I  am  to  act 
as  commissioner  of  election,  for  sixty  days,  next  preceding  this  date;  and 
that  I  will  not  disclose  nor  communicate  to  any  person  how  any  voter  has 
voted  at  such  election,  nor  how  any  ballot  has  been  folded,  marked,  printed 
or  stamped;  that  I  have  nothing  of  value  bet  or  wagered  upon  the  result 
of  said  election,  and  am  not  a  candidate  at  this  election 

So  help  me  God. 

Subscribed  and  sworn  to  before  me  this  day  of  . 


Every  poll  clerk,  so  appointed  as  aforesaid,  shall  before  entering  upon 
the  discharge  of  his  duties,  take  and  subscribe  an  oath  to  the  following 
effect: 
State  of  West  Virginia, 

County,  ss. 

I,  A —  B — ,  do  solemnly  swear  that  I  will  faithfully  and  honestly  dis- 
charge my  duties  as  clerk  of  the  election  now  about  to  be  held  in  precinct 
No.  ,  in  the  district  of  ,  county  of  ,  State  of  West  Vir- 
ginia, and  that  I  will  not  disclose  nor  communicate  to  any  person  how 
any  elector  voted  nor  how  any  ballot  was  folded,  marked,  printed  or 
stamped. 

Subscribed  and  sworn  to  before  me  this day  of . 


Said  oaths  may  be  taken  before  any  person  authorized  to  administer 
oaths,  but  if  no  such  person  be  present  at  any  place  of  holding  an  election 
they  may  be  taken  before  and  administered  #by  any  one  of  the  commis- 
sioners of  election  so  appointed,  who  in  turn  may  take  the  same  before 
another  of  said  commissioners.  Either  of  said  commissioners  may  ad- 
minister the  oath  to  the  poll  clerk.  The  said  oath  shall  appear  properly 
certified  on  one  of  the  poll  books  of  every  election.  If  any  such  com- 
missioner or  clerk  shall  enter  upon  the  discharge  of  his  duties  before 
taking  the  oath  so  required  of  him  he  shall  be  guilty  of  a  misdemeanor-, 


Elections  by  the  People.  11 

and  on  conviction  thereof  shall  be  confined  in  the  county  jail  not  less 
than  sixty  days,  and  fined  not  less  than  one  hundred  nor  more  than  five 
hundred  dollars.— [Acts  18G3,  p.  117;  186G,  p.  123;  1871,  ch.  114;  1872-3, 
ch.  118;   1882,  ch.  155;  1891,  ch.  89.] 

Ballot  Boxes. 

12.  The  clerk  of  the  county  court  shall,  at  the  expense  of  the  county, 
provide  and  cause  to  be  delivered  to  the  commissioners  of  election,  or  one 
of  them,  of  the  several  precincts  in  his  county,  at  least  three  days  pre- 
vious to  any  election,  one  ballot  box  for  the  reception  of  ballots  for  each 
precinct;  each  ballot  box  shall  have  at  least  two  locks  of  different  kinds 
and  combinations,  so  that  the  key  of  one  will  not  unlock  the  other  and 
be  otherwise  so  constructed  as  to  contribute  towards  the  prevention  of 
fraud.— [Acts  1863,  p.  117;   1872-3,  ch.  118;  1882,  ch.  155;   1891,  ch.  89.] 

13.  An  opening  shall  be  made  in  the  lid  of  each  ballot  box  sufficient 
only  for  a  single  ballot;  and  at  the  time  the  election  is  opened  the  com- 
missioners of  election  shall  see  that  there  are  no  ballots  in  the  box  before 
the  voting  begins,  and  shall  thereupon  securely  lock  the  box  and  give  one 
key  to  one  of  the  commissioners  who  is  in  politics  opposed  to  the  com- 
missioner who  holds  the  other  of  said  keys,  and  the  box  shall  not  be  again 
opened  until  the  polls  are  closed,  and  the  commissioners  ready  to  proceed 
with  the  counting  of  the  ballots.— [Acts  1863,  p.  117;  1872-3,  ch.  118;  1882, 
ch.  155;  1891,  ch.  89.] 

When  and  How  Polls  Opened  and  Closed. 

14.  At  every  election  the  polls  shall  be  opened  on  the  day  of  such  elec- 
tion as  soon  as  practicable  after  sunrise  but  not  before  and  shall  be  closed 
at  sunset— [Acts  1863,  p.  118;  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89. 
Loomis  vs.  Jackson,  6  W.  Va.  707.] 

15.  Before  any  voter  is  permitted  to  vote,  the  commissioners  of  elec- 
tion shall  cause  to  be  proclaimed  that  such  election  is  opened.  When  the 
polls  are  closed  proclamation  must  be  made*of  the  fact  by  one  of  the 
commissioners  of  election  to  the  people  outside  in  a  loud  and  audible  tone 
of  voice  and  a  minute  of  such  proclamation,  and  of  the  time  when  the 
same  was  made,  must  be  entered  on  the  tally  paper  by  the  poll  clerks,  and 
after  such  minute  has  been  made,  no  more  votes  shall  be  received. — [Acts 
1891,  ch.  89.] 

Who  Entitled  to  Vote  and  Where. 

16.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at  all  elec- 
tions held  within  the  precincts  of  the  counties  in  which  they  respectively 
reside;  but  no  person  who  is  a  minor  or  of  unsound  mind,  or  a  pauper 
or  who  is  under  conviction  of  treason,  felony  or  bribery  in  an  election 
or  who  has  not  been  a  resident  of  the  State  for  one  year  and  of  the 
county  in  which  he  offers  to  vote  for  sixty  days  next  preceding  such  elec- 
tion, and  who  is  not  at  the  time  of  the  election  an  actual  and  bona  fide 
resident  of  the  election  precinct  in  which  he  offers  to  vote,  shall  be  per- 
mitted to  vote  at  such  election,  while  such  disability  continues;  and  no 
person  in  the  military,  marine  or  naval  service  of  the  United  States  shall 
be  deemed  a  resident  of  this  State,  by  reason  of  his  being  stationed  there- 


12  Elections  by  the  People. 

in;  nor  shall  any  person  in  the  employment  of  any  incorporated  com- 
pany, or  of  this  State  be  deemed  a  resident  of  any  county,  or  of  any  elec- 
tion precinct  therein,  by  reason  of  being  employed  in  said  county  or  elec- 
tion precinct.— [Const.  1863,  Art.  I,  Sec.  6;  Acts  1863,  p.  120;  Const.  1872, 
Art.  IV,  Sec.  1;  Acts  1871,  ch.  114;  1872-3,  ch.  118;  1882,  ch.  155;  1891, 
ch.  89;  1893,  ch.  25;  Dryden  vs.  Swinburn,  20  W.  Va.  89.] 

Mode  of  Voting. 

17.  In  all  elections  by  the  people  the  mode  of  voting  shall  be  by  ballot, 
but  the  voter  shall  be  left  free  to  vote  by  either  open,  sealed,  or  secret 
ballot,  as  he  may  elect.  Otherwise,  the  mode  and  manner  of  voting  shall 
be  as  herein  prescribed.— [Const.  1863,  Art.  Ill,  Sec.  2;  Acts  1863,  p.  118; 
Const.  1872,  Art.  IV,  Sec.  2;  Acts  1872-3,  ch.  118;  1882,  ch.  155;  1891  ch. 
89.J 

Conventions,  Primary  Elections  and  Certificates  of  Nominations  to  Public 

Office. 

18.  A  convention  within  the  meaning  of  this  chapter,  is  an  organized 
assemblage  of  voters,  or  delegates  of  any  political  party,  for  the  purpose 
of  nominating  a  candidate  or  candidates  for  public  office,  which,  at  the 
last  general  election  before  such  convention,  polled  at  least  three  per  cent, 
of  the  entire  vote  of  the  State,  or  any  division  or  sub-division  thereof, 
for. which  the  nominations  are  made,  or  have  had  nominations  on  the 
official  ballot  for  the  State  or  any  division  or  sub-division  thereof,  for  the 
last  preceding  ten  years. — [Acts  1891,  ch.  89;  Acts  1901,' .ch.  61.] 

19.  A  primary  election  within  the  meaning  of  this  chapter,  is  an  elec- 
tion held  by  voters  who  are  members  of  any  political  party  for  the  pur- 
pose of  nominating  a  candidate  or  candidates  for  public  office  which  at  the 
last  general  election  before  the  convention  polled  at  least  three  per  cent, 
of  the  entire  vote  of  the  State  or  any  division  or  sub-division  thereof,  for 
which  they  are  made. — [Acts  1891,  ch  89.] 

20.  Any  convention  or  primary  election  as  herein  defined,  held  for  the 
purpose  of  making  nominations  for  public  office,  and  also  electors  of 
president  and  vice-president  of  the  United  States,  to  the  number  herein 
specified,  may  nominate  candidates  for  public  offices  to  be  filled  by  elec- 
tion within  the  State. — [Acts  1891,  ch.  89;  Marcum  vs.  Commissioners,  42 
W.  Va.  263.] 

21.  When  a  nomination  of  a  candidate  for  public  office  is  made  by  any 
convention,  as  herein  specified,  it  shall  be  the  duty  of  the  presiding  officer 
and  secretary  of  such  convention  to  certify  the  same  and  file  the  certificate 
thereof  as  hereinafter  provided. — [Acts  1891,  ch.  89;  Marcum  vs  Ballot 
Com.,  42  W.  Va.  263.] 

22.  "When  a  nomination  of  a  candidate  for  public  office  is  made  by  any 
primary  election  as  herein  specified,  which  is  to  be  filled  by  the  voters  of 
the  entire  county,  it  shall  be  the  duty  of  the  chairman  and  secretary  of 
the  county  executive  committee,  representing  the  party  for  which  the 
nomination  is  made,  to  certify  the  same.  If  the  office  is  to  be  filled  by  the 
voters  of  any  magisterial  district,  it  shall  be  the  duty  of  the  chairman 
and  secretary  of  the  commitee  of  such  district,  representing  the  party 
for  which  the  nomination  is  made,  to  certify  the  same.     Said  certificates 


Elections  by  the  People.  13 

shall  be  filed  as  herein  provided. —  [Acts  1891,  ch.  89;  Marcum  vs.  Ballot 
Com.,  42  W.  Va.  263.] 

23.  The  certificate  of  nomination  shall  be  in  writing.  It  shall  contain 
the  name  of  the  person  nominated,  his  residence,  and  the  office  for  which 
he  is  nominated,  and  shall  designate,  in  not  more  than  five  words,  the 
party,  or  principle  for  which  such  nominee  shall  represent.  If  the  nomi- 
nation be  made  by  a  convention,  it  shall  be  signed  by  the  chairman  and 
secretary  of  the  county  executive  committee  thereof;  and  if  made  by  a 
primary  election  for  an  office  to  be  filled  by  the  voters  of  a  magisterial 
district  it  shall  be  signed  by  the  chairman  and  secretary  of  the  committee 
thereof;  and  each  person  who  signs  such  certificate  shall  add  to  his  sig- 
nature his  place  of  residence  and  address. 

Such  certificate  may  be  in  the  following  form,  or  to  the  following  effect, 
to-wit- 
State  of  West  Virginia, 

,  County,  ss: 

This   is   to   certify   that  a  county   convention    of   the    (here    state    the 

name  of  the  party),  held  at in  and  for  the  county  of ,  on 

the  day  of  ,  in  the  year  ,  for  the  purpose  of  nomi- 
nating candidates  for  public  office,  the  following  nominations  were  made, 
to  represent  said  partyx  to-wit: 

FOR    HOUSE    OF    DELEGATES. 

A B ,  residence  

FOR    SHERIFF. 

C D ,  residence  

FOR    PROSECUTING    ATTORNEY. 

-,  residence 

FOR  CLERK  OF  CIRCUIT  COURT. 

H ,  residence  

FOR    CLERK   OF    COUNTY    COURT. 

K ,  residence 


(And  so  on  to  the  end  of  the  nominations  for  all  the  county  officers  to 
be  elected.) 

In  witness  whereof  we  have  hereunto  set  our  hands  this  day  of 

,  in  the  year  . 

L M ,  Chairman, 

N O -,  Secretary,  Residence 

Residence  Post  office  address  . 

Post  office  address  . 

[Acts  1891,  ch.  89;  Marcum  vs.  Ballot  Com.,' 42  W.  Va.  263.] 

24.     Candidates  for  public  office  may  be  nominated  otherwise  than  by 

convention  or  primary  elections.    In  such  case,  a  certificate  shall  be  signed 

by  voters  resident  within  the  State,  district  or  political  division  for  which 

the  candidate  is  presented,  to  a  number  equal  to  one  per  cent,  of  the  en- 


14  Elections  by  the  People. 

tire  vote  cast  at  the  last  preceding  election  in  the  State,  circuit,  district, 
county  or  other  division  for  which  the  nomination  is  made.  Provided, 
that  the  number  of  signatures  so  required  shall  not  exceed  one  thousand 
nor  be  less  than  fifty,  and  need  not  be  all  signed  on  one  certificate.  No 
voter  signing  such  certificate  shall  be  counted  unless  his  residence  and 
post  office  address  be  designated.  Such  certificate  shall  state  the  name 
and  residence  of  each  of  such  candidates;  that  he  is  legally  qualified  to 
hold  such  office;  that  the  subscribers  desire  and  are  legally  qualified  to 
vote  for  such  candidates;  and  may  designate,  by  not  more  than  five  words, 
a  brief  name  of  the  party  or  principle  which  said  candidates  represent. 
No  person  shall  join  in  nominating  more  than  one  nominee  for  each  office 
to  be  filled,  otherwise,  his  name  shall  be  counted  for  neither  nominee. 

Such  certificate  may   be   in   the   following  form,   or   to    the   following 
effect,  to-wit: 
State  of  West  Virginia, 

County,  ss. 

This  is  to  certify  that  we,  the  undersigned  voters  resident  within  the 

county  of  ,   State  of  West  Virginia,  do  hereby  make  the  following 

nominations  for  public  office  for  said  county,  to-wit: 

FOR    HOUSE    OF    DELEGATES. 

A B ,  Residence  (And  so  on  to  the  end  of  the  nominations 

so  made,  as  in  the  preceding  form.) 

And  we  further  certify  that  each  of  said  candidates  is  legally  qualified 
to  hold  the  office  for  which  he  is  nominated,  and  that  we  desire,  and  are 
legally  qualified,  to  vote  for  said  candidates.  The  name  of  the  party  (or 
principle  which  said  candidates  represent  is  (here  state  it.) 

Signature,  Residence,  Post    Office    Address, 

(name  of  voters.)  (describe  it.)  (name  of  office.) 

[Actsl   1891,   ch.   89.] 

25.  Certificates  of  nomination  of  candidates  for  public  office  shall  be 
certified  and  filed  with  the  clerk  of  the  circuit  court  of  each  county,  as 
follows:  For  offices  to  be  filled  by  the  voters  of  the  whole  state,  by  the 
president  and  secretary  of  the  nominating  convention,  when  one  is  held 
or  the  full  names  of  the  candidates  so  nominated  may  be  certified  by  the 
president  and  secretary,  and  published  in  a  newspaper  published  at  the 
place  where  the  convention  is  held,  or  at  the  seat  of  government,  and  a 
copy  thereof  may  be  filed  as  aforesaid  in  lieu  of  the  certificate  first  herein 
provided  for.  Certificates  of  nomination  made  by  voters  otherwise  than 
by  convention  or  primary  elections,  shall  be  filed  by  the  persons  or  some 
of  them  whose  names  are  signed  to  the  certificate  of  nomination,  and  if 
such  nominations  are  made  by  a  primary  election,  the  certificates  thereof 
shall  be  made  by  the  chairman  and  secretary  of  the  executive  committee 
of  the  party  making  the  same;  and  they  may  be  certified  and  published  in 
a  newspaper  and  copies  of  each  paper  may  be  filed  as  hereinbefore  pro- 
vided for.  Certificates  of  nomination  of  candidates  for  representatives  in 
congress,  for  judges  of  circuit  or  other  courts  of  record,  and  for  State 
senators,  shall  be  certified  and  filed  by  the  chairman  and  secretary  of  the 
district  executive  committee  of  the  party  making  them,  whether  they  be 
made  by  a   convention   or  primary   election;    and   the   provisions   herein 


Elections  by  the  People.  15 

contained  in  regard  to  the  printing  of  nominations  shall  apply  to  all  such 
nominations.  Certificates  of  nomination  of  candidates  for  the  house  of 
delegates,  and  for  all  county  offices,  shall  be  made  'and  filed  by  the  county 
executive  committee  of  the  party  making  them.  Certificates  of  the  nom- 
ination of  candidates  for  offices  to  be  filled  by  the  voters  of  a  magisterial 
district,  shall  be  made  and  filed  by  the  said  magisterial  district  commit- 
tee or  by  the  chairman  and  secretary  of  the  county  executive  committee. 
And  certificates  of  nomination  for  municipal  officers  shall  be  made  and 
filed  by  a  committee  of  the  party  making  the  nominations  appointed  for 
the  purpose,  or  by  the  president  and  secretary  of  the  convention  making 
such  nominations.  Every  such  certificate  shall  be  filed  with  the  said 
clerk,  at  least  twenty  days  before  the  day  fixed  by  law  for  the  election  of 
the  persons  nominated. — [Acts  1891,  ch.  89.] 

26.  State,  congressional,  judicial,  senatorial,  district  and  county  exec- 
utive committees  shall  be  appointed  by  each  political  party  making  nomi- 
nations of  candidates  for  office,  and  it  shall  be  the  duty  of  the  committees 
so  appointed  to  do  and  perform  the  duties  required  of  them  by  this  chap- 
ter.—[Acts  1891,  ch.  89.] 

27.  In  case  it  shall  appear  to  the  clerk  of  the  circuit  court  of  any 
county  by  satisfactory  evidence  that  nominations  have  been  made  in  con- 
formity with  the  provisions  of  this  chapter,  and  no  certificate  thereof  has 
been  received  by  him,  he  shall  include  such  nominations  among  the  names 
of  candidates  to  be  printed  upon  the  ballots  as  hereinafter  provided. — 
[Acts  1891,  ch.  89.] 

28.  The  certificates  of  nominations  so  filed  in  the  office  of  the  clerk  of 
the  circuit  court  shall  be  preserved  therein  by  him  until  ten  days  after 
the  next  succeeding  election,  when  he  may  destroy  the  same. — [Acts  1891, 
ch.   89.] 

Vacancies  in  Nominations — How  Filled. 

29.  In  case  of  a  vacancy  in  a  nomination  by  death,  resignation  or  other- 
wise, it  may  be  filled  and  certified  in  the  same  manner  as  originally  made 
and  certified;  but  if  such  vacancy  be  not  so  filled  within  twenty  days  by 
the  voters  of  the  entire  State,  or  within  ten  days  next  preceding  an  elec- 
tion for  any  other  office,  if  said  committee  fail  or  refuse  to  meet,  it  shall  be 
lawful  for  the  chairman  of  the  committee  of  the  party,  of  which  said 
candidate  was  a  member,  for  the  state,  circuit,  county,  district  or  other 
political  division  in  which  such  vacancy  occurs  to  fill  such  vacancy  by 
nomination,  make  a  certificate  thereof  and  file  the  same  with  the  same 
officer  with  whom  the  original  certificate  of  nomination  was,  should,  or 
might  have  been  legally  filed ;  and  it  shall  be  the  duty  of  the  officer  with 
whom  such  certificate  is  filed  to  receive  and  proceed  with  the  same,  in  all 
respects,  as  an  original  nomination. 

If  such  nomination  to  fill  such  vacancy  be  not  so  made  and  certified  to 
the  clerk  of  circuit  court  before  the  printing  of  the  ballots  herein  pro- 
vided for,  it  shall  be  lawful  for  the  chairman  of  said  State,  circuit,  county, 
district,  or  other  political  division  committee  to  provide  the  commissioners 
of  election  of  each  precinct,  in  which  such  candidate  is  to  be  voted  for, 
with  a  number  of  pasters  containing  only  the  name  of  such  candidate,  at 
least  equal  to  the  number  of  ballots  provided  for  each  precinct,  but  no 


16  Elections  by  the  People. 

pasters  shall  be  given  to  or  received  by  any  person  except  such  commis- 
sioners of  election,  and  it  shall  be  the  duty  of  the  commissioners  of  elec- 
tion to  deliver  such  pasters  to  the  polling  clerks,  who  shall,  in  the  pres- 
ence of  the  said  commissioners,  put  one  of  such  pasters  in  a  careful  and 
proper  manner,  and  in  the  proper  place,  on  each  ballot,  before  said  polling 
clerks  shall  sign  their  names  thereon. — [Acts  1871,  ch.  89.] 

Publication   of   Nominations. 

30.  At  least  ten  days  before  an  election  to  fill  any  public  office, 
at  which  the  voters  of  any  county  are  entitled  to  vote,  the  clerk  of  the 
circuit  court  of  such  county  shall  cause  to  be  published  in  two  newspaper, 
if  such  there  be  published  within  the  county,  representing  the  political 
parties  which  at  the  last  preceding  general  election  cast  the  largest  num- 
ber of  votes  in  the  State  or  if  there  be  only  one  newspaper  published  there- 
in, then,  in  such  newspaper,  the  nominations  lor  office  certified  to  him 
and  filed  in  his  office,  excepting  nominations  for  office  to  be  filled  by  the 
voters  of  any  sub-division  less  than  a  county. 

He  shall  make  no  less  than  two  publications  in  each  of  such  newspapers 
before  the  election,  one  of  which,  in  each  newspaper,  shall  be  upon  the 
last  day  upon  which  such  newspaper  is  issued  before  the  election.  If  there 
be  no  newspaper  published  in  the  county,  the  clerk  of  the  circuit  court 
shall  at  least  ten  days  before  the  election,  cause  to  be  posted  in  his  office 
and  at  some  public  place  in  each  voting  precinct  in  the  county,  a  printed 
notice  of  the  nominations  for  office  certified  to  and  filed  by  him  as  afore- 
said. Whenever  it  shall  appear  by  affidavit  that  an  error  or^omission  has 
occurred  in  the  publication  of  the  names  or  description  of  candidates 
nominated  for  public  office  or  in  printing  of  the  ballots,  the  board  of 
ballot  commissioners  shall  correct  such  error.  Provided,  That  nothing  in 
this  chapter  contained  shall  be  taken  or  construed  to  prohibit  or  prevent 
any  person  from  running  as  an  independent  candidate  for  any  office  to  be 
filled,  and  to  have  all  legal  votes  cast  at  any  election  for  such  independent 
candidate  counted,  allowed  and  certified,  with  like  effect  as  other  votes. — 
[Acts  1891,  ch.  89.] 

31.  The  list  of  nominations  published  and  posted  by  the  clerks  of  the 
circuit  courts  of  the  respective  counties,  shall  be  arranged  in  the  order 
and  form  in  which  they  will  be  printed  upon  the  ballots. — [Acts  1891. 
ch.  89.] 

Board  of  Ballot  Commissioners. 

32.  In  each  county  of  the  State,  the  clerk  of  the  circuit  court  and  two 
persons  by  him  appointed,  one  from  each  of  the  two  political  parties  which 
cast  the  largest  number  of  votes  in  the  State,  at  the  last  preceding  gen- 
eral election,  shall  constitute  a  board  of  ballot  commissioners,  of  which 
board  the  said  clerk  shall  be  chairman.  It  shall  be  the  duty  of  such 
chairman  to  notify  the  chairman  of  the  prospective  county  executive  com- 
mittees of  said  two  parties  at  least  five  days  before  making  said  appoint- 
ments, of  the  time  and  place  of  making  the  same,  and  if  at  any  time  after 
said  notice  is  given,  and  before  or  on  the  day  so  fixed  for  making  said  ap- 
pointments, the  chairman   of  either  of  said   committees  shall   designate 


Elections  by  the  People.  17 

in  writing,  a  member  of  such  party  as  ballot  commissioner,  having  the 
qualifications  of  a  voter,  he  shall  be  appointed. — [Acts  1891,  ch.  89.] 

Preparation   and  Distribution   of  Ballots. 

33.  Excepting  municipal  elections,  it  shall  be  the  duty  of  the  board  of 
ballot  commissioners  for  each  county  to  provide  printed  ballots  for  every 
election  for  public  officers  in  which  the  voters  or  any  of  the  voters  within 
the  county  participate,  and  cause  to  be  printed,  on  the  appropriate  ballot, 
the  name  of  every  candidate  whose  name  has  been  certified  to  or  filed 
with  the  clerk  of  the  circuit  court  for  the  county  in  the  manner  provided 
for  in  this  chapter. 

The  printing  of  the  ballots,  and  all  other  printing  caused  to  be  done  by 
the  board  of  ballot  commissioners,  shall  be  contracted  for  with  the  lowest 
responsible  bidder.  Ballots  other  than  those  caused  to  be  printed  by  the 
respective  boards  of  ballot  commissioners  according  to  the  provisions 
of  this  chapter,  shall  not  be  cast,  received  nor  counted  in  any  election. — 
[Acts  1891,  ch.  89;  Marcum  vs.  Commissioners,  42  W.  Va.  263.]. 

34.  All  ballots  prepared  under  the  provisions  of  this  chapter  shall 
be  printed  in  black  ink  on  number  two  white  book  paper  sufficiently  thick 
that  the  printing  cannot  be  distinguished  from  the  back,  and  shall  contain 
the  names  of  every  candidate  whose  nomination  for  any  office  to  be  voted 
for  at  the  election  has  been  certified  and  filed  according  to  law,  and  no 
others. 

The  tickets,  except  the  heading,  which  shall  be  in  display  type,  shall  be 
printed  from  brevier  type;  the  name  or  designation  of  the  office  and  the 
residence  of  the  candidate  in  lower  case  letters,  and  the  name  of  the  can- 
didate in  capital  letters.  The  name  and  residence  of  the  candidate  may 
be  printed  in  the  same  line.  The  name  of  each  candidate  shall  be  printed 
in  a  space  defined  by  ruled  lines,  and  with  a  blank  square  on  its  left  in- 
closed by  heavy  dark  lines.  If,  upon  any  ticket,  there  be  no  candidate  or 
candidates  for  a  designated  office,  a  blank  space  equal  to  the  space  that 
would  be  occupied  by  such  name  or  names,  if  they  were  printed  thereon, 
with  the  blank  space  herein  provided  for,  shall  be  left.  The  heading  of 
each  party  ticket,  including  the  name  of  the  party  and  the  device  above 
and  the  large  circle  between  the  device  and  such  name,  shall  be  sep- 
arated from  the  rest  of  the  ticket  by  a  heavy  line;  and  the  circle  above 
the  name  of  the  party  in  which  the  voter  is  to  place  the  cross  mark,  if  he 
desires  to  vote  the  straight  ticket,  shall  be  defined  by  heavier  lines  than 
the  lines  defining  the  blank  spaces  before  the  names  of  candidates,  and 
such  circle  shall  be  surrounded  by  the  following  words  printed  in  heavy 
face  nonpareil  type:  "For  a  straight  ticket  mark  within  this  circle." 
Each  party  ticket  shall  be  separated  from  other  party  tickets  and  bordered 
on  either  side  by  a  heavy  border,  or  a  broad  solid  line,  at  least  one-eighth 
of  an  inch  wide,  and  the  edges  of  the  ballot  on  either  side  trimmed  off 
up  to  one-half  inch  of  the  borders  or  solid  line  described 

The  names  of  the  candidates  shall  be  arranged  on  the  ballot  in  tickets 
or  lists  in  separate  columns  under  the  respective  party  or  political  or 
other  designation  certified,  each  column  or  ticket  containing  the  names 
of  candidates  nominated  by  the  same  political  party  and  no  others  In 
elections  for  presidential  electors  the  names  of  the  candidates  for  presi- 


18  Elections  by  the  People. 

dent  and  vice-president  of  the  United  States  shall  be  placed  on  the  ticket 
immediately  following  the  name  of  the  party,  and  preceding  the  names  of 
the  presidential  electors,  and  shall  be  certified  to  the  clerks  of  the  circuit 
courts  by  the  chairman  and  secretary  of  the  state  executive  committee  of 
the  political  party  making  the  nomination.  The  names  of  the  candidates 
on  each  ticket  shall  be  arranged  in  groups,  with  a  heading  over  each 
group  printed  in  heavy  faced  brevier  type  to  indicate  the  political  division 
in  which  such  group  is  to  be  voted  for.  The  arrangement  of  the  ballot 
shall  conform  as  nearly  as  practicable  to  the  plan  here  given: 


Elections  by  the  People; 


19 


Device. 

Device, 

Device. 

o//                      \*A 
*l                         jo 

Republican  Ticket. 

Democratic  Ticket. 

Prohibition  Ticket. 

For  Governor, 
Name. 

For  Governor, 
Name. 

For  Governor, 

Name. 

20  Elections  by  the  People. 

The  tickets  of  the  several  political  parties  shall  be  printed  on  the  ballot 
ill  parallel  columns,  each  ticket  in  a  separate  column  headed  by  the 
chosen  device,  and  the  tickets  in  such  order  on  the  ballot,  and  the  names 
of  the  offices  in  such  order  on  the  ticket,  as  the  secretary  of  state  shall 
direct,  preference,  however,  being  given  to  the  political  party  which  cast 
the  highest  number  of  votes  for  the  head  of  the  ticket  at  the  last  pre- 
ceding presidential  election,  and  so  on.  No  ticket  or  list  of  candidates 
shall  be  printed  under  the  name  of  any  party  containing  more  candidates 
for  any  office  ttian  are  to  be  elected. 

The  ballots  shall  be  so  printed  as  to  give  each  voter  a  clear  opportunity 
to  designate  by  a  cross  mark  in  a  large  blank  circular  space  three-quarters 
of  an  inch  in  diameter  below  the  device  and  above  the  name  of  the  party 
at  the  head  of  the  ticket  or  list  of  candidates,  his  choice  of  a  party  ticket 
and  desire  to  vote  for  each  and  every  candidate  thereon;  and  by  a  cross 
mark  in  a  blank  inclosed  space  on  the  left  and  before  the  name  of  each 
candidate,  his  choice  of  particular  candidates. 

On  the  back  of  the  ballot  shall  be  printed  or  stamped  in  black  ink  the 
words  "Official  Ballot,"  with  the  date  of  the  election,  and  underneath  shall 
be  two  blank  lines,  followed  by  the  words  "Poll  Clerks."  On  one  of  these 
lines  each  poll  clerk  shall  personally  write  his  name  in  ink. 

The  state  executive  committee  of  each  political  party  shall  adopt  a  party 
device  or  emblem  for  its  party,  to  be  printed  at  the  head  of  its  ticket 
on  the  ballot,  and  shall  certify  the  same  to  the  clerk  of  the  circuit  court 
of  each  county  at  least  sixty  days  before  any  election;  and  the  device  shall 
remain  the  same  until  changed  and  certified  as  aforesaid.  No  two  parties 
shall  adopt  the  same  device,  or  so  near  the  same  as  likely  to  lead  to  con- 
fusion; and  in  such  case  the  preference  shall  be  given  to  the  party 
casting  the  highest  number  of  votes  for  the  head  of  the  ticket  at  the 
last  preceding  presidential  election.  When  a  ticket  or  person  is  nom- 
inated by  petition,  the  petition  shall  show  the  device  adopted  by  the 
petitioners. 

In  preparing  his  ballot  the  voter  shall  use  a  black  lead  pencil  and 
observe  the  following  rules: 

First.  If  the  voter  desires  to  vote  a  straight  ticket,  or  in  other  words 
for  each  and  every  candidate  of  one  party  for  whatever  office  nominated, 
he  shall  either: 

(a)  Make  a  cross  mark  in  the  circular  space  below  the  device  and 
above  the  name  of  the  party  at  the  head  of  the  ticket;  or 

(o)  Make  a  cross  mark  on  the  left  and  opposite  the  names  of  each  and 
every  candicate  of  such  party  in  the  blank  space  provided  therefor;  or 

(c)  Mark  out,  by  lines  through  all  the  ticket  in  the  ballot,  other  than 
the  ticket  he  desires  to  vote. 

•  Second.     If  the  voter  desires  to  vote  a  mixed  ticket,  or  in  other  words 
for  candidates  of  different  parties,  he  shall  either: 

(a)  Omit  making  a  cross  in  the  circular  space  above  the  name  of  the 
party,  and  make  a  cross  mark  in  the  blank  space  before  the  name  of 
each  candidate  for  whom  he  desires  to  vote  on  whatever  ticket  the  name 
may  be;  or 

(6)  Make  a  cross  mark  in  the  circular  space  above  the  name  of  the 
party  for  some  of  whose  candidates  he  desires  *o  vote,  and  then  make  a 


Elections  by  the  People.  21 

cross  mark  before  the  name  of  any  candidate  of  any  other  party  for  whom 
he  may  desire  to  vote;  in  which  case  the  cross  mark  in  the  circular  space 
above  the  name  of  the  party  will  cast  his  vote  for  every  candidate  on  the 
ticket  of  such  party,  except  for  offices  for  which  candidates  are  marked 
on  other  party  tickets,  and  the  cross  marks  before  the  names  of  such  can- 
didates will  cast  his  vote  for  them;  or, 

(c)  Write  with  black  lead  pencil  the  name  of  person  for  whom  he 
desires  to  vote,  in  the  space  immediately  below  the  names  of  the  opposing 
candidate  for  the  same  office,  on  the  ticket  voted  by  him,  and  the  name 
so  written  shall  be  counted. 

If,  in  marking  either  a  straight  or  mixed  ticket  as  above  defined,  a  cross 
mark  is  made  in  the  circular  space  above  the  name  of  a  party  at  the  head 
of  the  ticket,  and  also  one  or  more  cross  marks  made  before  the  name  or 
names  of  candidates  on  the  same  ticket  for  offices  for  which  candidates 
on  other  party  tickets  are  not  individually  marked,  such  marks  before  the 
names  of  candidates  on  the  ticket  so  marked,  shall  be  treated  as  surplus- 
age and  ignored;  and  the  ballot  be  counted  for  all  the  candidates  on  the 
ticket  thus  marked  for  offices  for  which  no  candidate  on  other  tickets  are 
marked. 

If  the  voter  desires  to  vote  for  any  person  whose  name  does  not  appear 
on  the  ticket  he  can  substitute  the  name  by  writing  it  with  black  lead  pen- 
cil in  the  proper  place,  and  making  a  cross  mark  in  the  blank  space  at  the 
left  of  the  name  so  written. 

If  the  voter  mark  more  names  than  there  are  persons  to  be  elected  to  an 
office,  or  if,  for  any  reason,  it  is  impossible  to  determine  the  voter's  choice 
for  an  office,  to  be  filled,  his  ballot  shall  not  be  counted  for  such  office. 

No  ballot  shall  be  rejected  for  any  technical  error  which  does  not  make 
it  impossible  to  determine  the  voter's  choice. — [Acts  1908,  ch.  21.] 

35.  If  the  printer  of  such  ballots,  or  any  person  employed  in  printing 
the  same,  shall  give  or  deliver,  or  knowingly  permit  to  be  taken,  any  of 
said  ballots,  by  any  person  other  than  a  member  of  the  board  of  ballot 
commissioners,  for  whom  such  ballots  are  being  printed,  or  shall  print, 
or  cause,  or  permit  to  be  printed,  any  ballot  in  any  other  form  than  the 
one  prescribed  by  this  chapter,  or  with  any  other  names  thereon,  or  with 
the  names  spelled,  or  the  names  thereon  arranged,  in  any  other  way  than 
that  authorized  and  directed  by  the  said  board  of  ballot  commissioners,  he 
shall  be  guilty  of  felony,  and  on  conviction  thereof,  shall  be  imprisoned 
in  the  State  penitentiary  not  less  than  three  nor  more  than  ten  years. — 
[Acts  1891,  ch.  89.] 

36.  The  board  of  ballot  commissioners  shall,  for  the  general  election 
to  be  held  in  their  county  in  the  year  one  thousand  eight  hundred  and 
ninety-two,  have  printed  three  ballots  for  each  voter  in  their  county,  as 
shown  by  the  votes  cast  therein  at  the  election  held  in  one  thousand  eight 
hundred  and  ninety,  or  one  thousand  eight  hundred  and  eighty-eight,  at 
whichever  of  said  elections  the  largest  number  of  votes  were  cast.  And 
thereafter,  they  shall  have  printed  a  like  number  of  ballots  for  each  vote 
cast  in  their  county  at  the  last  preceding  general  election  held  therein. 
The  ballots  so  printed  shall  be  wrapped  and  tied  in  packages,  one  for  each 
place  of  voting  in  their  county  in  the  year  one  thousand  eight  hundred 
and   ninety-two,   containing  three   ballots   for  the   estimated   number   of 


22  Elections  by  the  People. 

votes  to  be  cast  at  each  of  said  places,  and  thereafter  containing  three 
ballots  for  each  vote  cast  at  said  place  of  voting  at  the  last  preceding  gen- 
eral election  held  thereat.  Each  package  of  ballots  shall  be  sealed  with 
wax,  and  plainly  marked  with  the  number  of  ballots  therein,  the  name 
of  the  magisterial  district,  and  the  number  of  the  voting  place  therein,  to 
which  it  is  intended  to  be  sent.  The  name  of  the  ballot  commissioner 
shall  also  be  endorsed  thereon.  On  the  back  of  each  sheet  of  paper  on 
which  the  ballots  are  printed  as  aforesaid,  and  as  near  the  center  thereof 
as  may  be,  shall  be  printed  the  words,  "poll  clerks,"  and  under  them 
each  poll  clerk  shall  write  his  name  before  the  ballot  is  delivered  to  the 
voter.  And  the  sheet  containing  said  ballots  shall  be  so  folded  as  to  show 
the  words  "poll  clerk,"  and  the  signatures  of  said  clerks  written  thereon, 
before  depositing  the  same  in  the  ballot  box. — [Acts  1891,  ch.  89;  Snod- 
grass  vs.  Co.  Ct,  44  W.  Va.  5G;  Kirkpatrick  vs.  Degans,  53  W.  Va.  275; 
Daniel  vs.  Sims,  49  W.  Va.  554.] 

37.  It  shall  be  the  duty  of  one  of  the  commissioners  of  election  ap- 
pointed for  each  place  of  voting  in  their  county,  to  be  designated  by  them, 
in  writing,  to  attend  at  the  office  of  the  clerk  of  the  circuit  and  county 
court  of  his  county,  not  more  than  four  nor  less  than  two  days  before  each 
election,  to  receive  the  ballots  for  the  place  of  voting  at  which  he  is  ap- 
pointed to  act,  and  the  said  clerk  shall  deliver  to  him  the  sealed  package 
of  ballots  provided  for  his  precinct  by  the  said  board,  and  take  from  him 
a  receipt  for  the  same,  which  shall  be  filed  in  the  office  of  the  clerk  of  the 
circuit  court;  and  the  clerk  of  the  county  court,  if  he  has  not  already 
done  so,  shall  deliver  to  him  one  of  the  ballot  boxes  and  other  things  men- 
tioned in  section  nine  of  this  chapter,  and  take  from  him  a  receipt  for 
the  same,  which  shall  be  filed  in  his  office.  The  ballot  box  shall  be  re- 
turned by  said  commissioner,  after  the  election,  to  the  clerk  of  the  county 
court  and  preserved  in  his  office. — [Acts  1891,  ch.  89.] 

38.  If  any  member  of  the  board  of  ballot  commissioners  shall  give  or 
deliver  to  any  other  person  any  of  said  ballots  or  shall  knowingly  permit 
any  of  them  to  be  taken  away,  except  as  herein  provided,  he,  or  they,  shall 
be  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  nor  more  than  five 
years.— [Acts  1891,  ch.  89.] 

39.  Any  person  who  shall  unlawfully  take  or  remove,  with  or  without 
the  consent  of  the  lawful  custodian  thereof,  any  such  ballot  from  the 
place  at  which  said  ballots  are  lawfully  kept  for  the  time  being,  every 
such  person  shall  be  guilty  of  a  felony  and  upon  conviction  thereof  be 
confined  in  the  penitentiary  not  less  than  one  nor  more  than  five  years. — 
[Acts  1891,  ch.  89.] 

40.  In  case  any  commissioner  of  election  shall  fail  to  appear  at  the 
office  of  the  clerk  of  the  circuit  and  county  court  of  his  county  by  the 
close  of  the  second  day  prior  to  any  election,  as  required  by  section  thirty- 
seven  of  this  chapter,  the  board  of  ballot  commissioners  or  the  chair- 
man thereof  shall  forthwith  dispatch  a  special  messenger  to  his  precinct 
with  the  ballots  for  such  precinct.  Such  messenger  shall  be  allowed  two 
dollars  for  his  time  and  five  cents  per  mile  for  the  distance  necessarily 
traveled  by  him,  and  shall  promptly  report  to  the  clerk  of  the  circuit 
court  and  file  with  him  the  receipt  of  the  person  to  whom  he  delivered 


Elections  by  the  People.  23 

such  ballots,  and  his  affidavit,  stating  when  and  to  whom  he  delivered 
such  ballots;  and  the  commissioners  of  election  so  failing  shall  receive 
no  compensation  for  his  services  at  such  election. — [Acts  1891,  ch.  89.] 

41.  Any  commissioner  of  election  who  shall  wilfully  or  negligently 
fail  to  appear  at  the  office  of  the  clerk  of  the  circuit  or  county  courts  of 
his  county,  as  herein  provided,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  and  shall  thereafter  be  incompetent  to  serve  as  a 
member  of  such  board. — [Acts  1891,  ch.  89.] 

42.  If  by  any  accident  or  casualty,  the  ballots  or  ballot  box  delivered 
to  a  commissioner  of  election,  or  to  any  messenger,  shall  be  lost  or  de- 
stroyed, it  shall  be  the  duty  of  such  commissioner  or  messenger  to  re- 
port the  loss  forthwith  to  the  board  of  ballot  commissioners,  and  clerk 
of  the  county  court  from  whom  the  same  were  or  was  obtained,  and  make 
affidavit  of  the  circumstances  of  the  loss;  whereupon  such  board  and 
clerk  shall  at  once  send  a  new  supply  by  special  messenger,  as  pro- 
vided in  other  cases.  In  case,  for  any  reason  there  should  be  found 
no  ballots,  or  ballot  box,  or  other  necessary  means  or  contrivances  for 
voting,  at  the  opening  of  the  polls,  it  shall  be  the  duty  of  the  commis- 
sioners of  election  to  secure  the  same  as  speedily  as  possible,  and,  if 
necessary,  such  board  may  have  ballots  printed  or  written,  or  a  ballot 
box  made;  provided,  however,  that  such  ballots  shall  conform  as  nearly 
as  possible  to  the  genuine  ballots,  and  the  printing  or  writing,  and  the 
care  of  the  same,  and  of  said  ballot  box,  shall  be  under  the  same  pro- 
visions and  penalties  as  the  printing  and  care  of  the  other  ballots,  and 
other  ballot  boxes,  prescribed  in  this  act. — [Acts  1891,  ch.  89.] 

43.  The  various  boards  of  ballot  commissioners,  or  the  chairman  there- 
of, shall  preserve  the  ballots  that  are  left  over  in  their  hands,  after 
supplying  the  precincts  as  hereinbefore  provided,  until  the  close  of  the 
polls  on  the  day  of  election,  and  said  ballots  shall  then  be  destroyed  by 
said  board  or  the  chairman  thereof  by  fire  or  otherwise;  and  for  failure 
to  do  so,  the  said  commissioner  or  chairman  shall  be  guilty  of  a  mis- 
demeanor, and  fined  not  less  than  fifty  nor  more  than  one  hundred  dol- 
lars.—[Acts  1891,  ch.  89.] 

Card  of  Instruction  to  Voters. 

44.  The  board  of  ballot  commissioners  of  each  county  shall  cause  to 
be  printed  in  large,  clear  type,  on  cards,  instruction  for  the  guidance 
of  electors  iii  preparing  their  ballots.  They  shall  furnish  twelve  of  such 
cards  to  the  commissioners  of  election  at  the  same  time  they  deliver  to 
him  the  ballots  for  his  precinct.  The  commissioners  shall  cause  to  be 
posted  one  of  said  cards  in  each  place  or  compartment  provided  for  the 
preparation  of  the  ballots,  and  the  others  in  and  about  the  polling  place,  and 
one  or  more  of  the  cards  outside  of  the  sixty-foot  line  provided  for  in 
this  chapter,  upon  the  day  of  election.  Said  cards  shall  contain  full  in- 
structions to  the  voters  as  to  what  shall  be  done:  (1)  to  obtain  ballots 
for  voting;  (2)  to  prepare  the  ballots  for  deposit  in  the  ballot  boxes; 
(3)  to  obtain  a  new  ballot  in  place  of  one  accidentally  spoiled;  also,  a 
copy  of  sections  fifty,  sixty-two,  seventy-six,  seventy-nine,  eighty-one  and 
eighty-two  of  this  act.     Said  ballot  commissioners  shall  also  cause  to  be 


24  Elections  by  the  People. 

printed  on  colored  paper  ten  or  more  copies  of  the  ballots  provided  for 
each  voting  place  at  each  election  therein,  which  shall  be  called  specimen 
ballots,  and  shall  be  furnished  and  posted  with  the  cards  of  instruction 
for  each  voting  place,  and  marked  so  as  to  indicate  the  manner  of  marking 
those  not  voted.— [Acts  1891,  ch.  89.] 

Election  Roow,s,  Shelves  or  Tables  and  Compartments. 

45.  The  county  court  in  each  county,  before  each  election,  shall  secure, 
in  each  voting  precinct  in  the  county,  a  suitable  room  or  building  in 
which  to  hold  the  election,  and  shall  cause  the  same  to  be  suitably  pro- 
vided with  a  sufficient  number  of  booths  or  compartments,  each  con- 
taining a  table,  counter  or  shelf,  and  furnished  with  proper  supplies  for 
preparing  the  ballots,  at  or  in  which  voters  may  conveniently  prepare 
their  ballots,  so  that  in  thd  preparation  thereof  they  may  be  secured 
from  the  observation  of  others,  and  a  guard  rail  shall  be  so  constructed 
and  placed  about  said  building  that  only  such  persons  as  are  inside  said 
rail  can  approach  within  five  feet  of  the  ballot  boxes  while  the  votes 
are  being  taken,  and  no  person  either  inside  or  outside  of  said  guard 
rail  shall  approach  nearer  than  five  feet  to  any  booth  or  compartment 
while  the  election  is  being  held,  except  the  voters  to  prepare  their  bal- 
lots, or  the  poll  clerks  when  called  on  by  a  voter  to  assist  in  the  prepara- 
tion of  his  ballot.  The  number  of  such  booths  or  compartments  shall 
not  be  less  than  two  nor  more  than  five,  and  no  person  other  than  elec- 
tion officers  and  voters  engaged  in  receiving,  preparing  or  depositing 
their  ballots,  shall  be  permitted  to  be  within  said  rail,  except  by  au- 
thority of  the  commissioners  of  election  for  the  purpose  of  keeping  order 
and  enforcing  the  law.— [Acts  1891,  ch.  89.] 

Prevention  of  Disorder  at  the  Polls. 

46.  The  judges  of  election  shall  preserve  order  at,  and  in  the  vicinity 
of  the  polls,  and  keep  the  way  to  the  polls  open  and  free  from  obstruc- 
tion, and  may  direct  disorderly  persons  to  be  removed  therefrom,  and, 
if  necessary  and  proper,  to  be  taken  and  held  in  custody  until  sunrise 
of  the  next  day,  or  for  any  shorter  time,  which  may  be  done  by  any 
sheriff  or  constable  or  other  person  or  persons  designated  by  the  com- 
missioners of  election,  and  for  such  purpose  no  warrant  nor  authority  in 
writing  shall  be  necessary;  and  the  jail  of  the  county  or  other  place, 
designated  by  the  commissioners  of  election,  may  be  used  as  the  place 
of  custody;  but  any  person  so  arrested  shall  have  an  opportunity  to 
vote,  if  he  be  entitled  to  do  so,  before  he  shall  be  committed  to  jail,  if  he 
so  desire,  and  shall  be  prepared  to  do  so  promptly, — [Const.  1863,  Art.  Ill, 
Sec.  12;  Acts  1863,  p.  118;  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89.] 

47.  Any  person  offending  against  the  provisions  of  the  next  preceding 
section  shall,  notwithstanding  his  having  been  in  custody,  as  aforsaid, 
be  liable  to  any  penalty  or  punishment  for  his  offense,  prescribed  by  law; 
and  any  person  who,  being  thereto  commanded  by  the  commissioners  of 
election,  or  either  of  them,  either  verbally  or  in  writing  shall  fail  or 
refuse  to  assist  to  the  utmost  of  his  power,  in  whatever  may  be  neces- 
sary or  proper  to  prevent  intimidation,  disorder  or  violence  at  the  polls, 
shall  forfeit  not  less  than  one  hundred  nor  more  than  five  hundred  dol- 


Elections  by  the  People.  25 

lars.— [Const.   18G3,  Art.   Ill,   Sec.  12;   Acts  1863,  p.  118;    1872-3,  ch.  118; 
1882,  ch.   155;    1891,  ch.   89.] 

Challengers. 

48.  The  county  executive  committees,  or  the  chairman  thereof,  of  the 
two  political  parties  which  cast  the  largest  number  of  votes  in  the  State 
at  the  last  preceding  general  election,  may  appoint  a  challenger,  who 
must  be  a  qualified  voter  in  the  election  precinct  for  which  he  is  ap- 
pointed, and  who  shall  be  entitled  to  remain  in  the  election  room  from 
the  opening  of  the  polls  until  the  counting,  ascertainment  and  declara- 
tion of  the  result.  If  such  appointment  be  not  so  made,  or  being  made 
said  challenger  be  not  present  at  the  opening  of  the  polls,  the  voters 
present,  of  said  parties,  respectively,  may  make  such  appointment. 

Every  challenger  so  appointed  as  aforesaid,  shall  before  entering  upon 
the  discharge  of  his  duties  take  and  subscribe  an  oath  to  the  following 
effect : 
State  of  West  Virginia, 

County,  ss. 

I,  A ,  B ,  do  solemnly  swear  that  I  will  faithfully 

and  honestly  discharge  my  duties  as  challenger  of  the  election  now  about 

to  be  held  in  precinct  No.  : in  the  district  of  

County  of  ,   State  of  West  Virginia,  and  that  I  will  not  disclose 

nor  communicate  to  any  person  how  any  elector  voted  nor  how  any  bal- 
lot was  folded,  marked,  printed  or  stamped. 

Subscribed  and  sworn  to  before  me,  this  day  of  . 

— rActs  1895,  ch.  3.] 

49.  If  any  person  offering  to  vote  shall  be  challenged  by  one  of  such 
challengers,  or  by  any  commissioner  of  election,  he  shall  stand  aside 
and  not  be  entitled  to  vote,  unless  he  makes  affidavit  in  writing  before 
one  of  the  commissioners  of  election  that  he  is  a  qualified  and  legal  voter 
of  the  precinct,  and  in  such  affidavit,  sets  forth  his  name,  age,  residence, 
occupation,  place  or  placls  of  residence  during  the  twelve  months  next 
prior  to  the  election,  with  the  date  of  any  removal  within  that  time,  and 
the  names  of  two  persons,  who  have  personal  knowledge  of  his  residence 
within  the  county  sixty  days  next  preceding  the  election.  Forms  of 
affidavits  to  be  used  in  such  cases  shall  be  prepared  and  printed  under 
the  direction  of  the  board  of  ballot  commissioners  and  distributed  to 
the  several  places  of  voting  at  the  same  time  the  ballots,  poll  books,  etc., 
are  sent  to  said  places. — [Acts  1891,  ch.  89;  United  States  vs.  Small  (C.  C.) 
38  Fed.  105;   Brazie  vs.  Commissioner,  25  W.  Va.  213.] 

Persons  Accused  of  Illegal  Voting. 

60.  If  at  any  time  during  the  election  any  qualified  voter  shall  make 
affidavit  before  a  commissioner  of  election,  that  any  person  who  has 
voted  is  an  illegal  voter  in  such  precinct,  the  person  accused  shall  &,t 
once  be  arrested  by  any  constable  or  other  person  designated  by  the  elec- 
tion commissioners  to  make  the  arrest,  and  by  him  delivered  to  the  civil 
authorities.  Any  person  desiring  to  make  such  affidavit  shall  be  ad- 
mitted \o  the  election  room  for  that  purpose.  Immediately  after  the 
close  of  the  election,   the  commissioners   of   election  shall   deliver   such 


26  Elections  by  the  People. 

affidavit  to  some  justice  of  the  peace  in  the  magisterial  district,  who 
shall  proceed  thereon  as  if  the  affidavit  had  been  made  before  him.— [Acts 
1891,  ch.  89.] 

51.  Whoever  shal  knowingy,  or  wilfully,  make  false  affidavit,  under 
any  of  the  provisions  of  this  chapter,  shall  be  deemed  guilty  of  perjury, 
and  on  conviction  thereof  shall  be  confined  in  the  penitentiary  not  less 
than  one  nor  more  than  three  years. — [Acts  1891,  ch.  89.] 

Time  Must  be  Allowed  Employes  to  Votd, 

52.  Every  person  entitled  to  vote  at  any  general,  national,  state  or 
county  election,  who  may  be  employed  by  another  on  the  day  on  which 
such  election  shall  be  held  in  this  State,  shall  be  given  some  period  of 
four  hours,  or  more  if  necessary,  between  the  opening  and  the  closing 
of  the  polls,  on  said  day,  for  the  purpose  of  enabling  such  person  to  repair 
to  his  place  of  voting  to  cast  his  vote  and  return;  and  any  circuit  court, 
or  the  judge  thereof  in  vacation,  may  enforce  the  provisions  of  this  sec- 
tion by  mandate,  or  otherwise,  upon  the  application  of  any  voter.  Every 
officer  of  any  corporation,  owner,  superintendent,  overseer,  foreman  or 
other  person,  who  employs  or  permits  to  be  employed  any  person  against 
his  will,  in  violation  of  this  section,  shall  be  guilty  of  a  misdemeanor 
and  fined  hot  less  than  fifty,  nor  more  than  five  hundred  dollars. — [Acts 
1891,  ch.  89.] 

Conducting  the  Election. 

53.  Not  more  than  one  voter  for  each  compartment  mentioned  in  sec- 
tion forty-five  of  this  chapter  shall  be  allowed  in  the  election  room  at 
one  time,  and  no  person  other  than  election  officers,  challengers  and 
voters  engaged  in  receiving,  preparing  and  depositing  their  ballots,  shall 
be  permitted  to  be  within  the  rail  except  by  authority  of  the  board  of 
election  judges,  for  the  purpose  of  keeping  order  and  enforcing  the  law. — 
[Acts  1891,  ch.  89.]  ♦ 

54.  No  person,  excepting  the  election  officers,  challengers  and  voters 
while  going  to  the  election  room  to  vote  and  returning  therefrom,  shall 
be  or  remain  within  sixty  feet  of  said  room;  but  this  section  shall  not 
apply  to  persons  living  or  carrying  on  business  within  that  distance  of 
the  election  room,  in  the  discharge  of  their  legitimate  business,  or  to 
persons  whose  business  requires  them  to  pass  and  repass  within  sixty 
feet  of  such  room. — [Acts  1891,  ch.  89.] 

55.  At  or  before  the  opening  of  the  polls,  the  commissioners  of  elec- 
tion shall  open  the  package  of  ballots  in  such  a  manner  as  to  preserve 
the  seals  intact,  and  then  deliver  all  of  the  ballots  to  the  poll  clerks. — 
[Acts  1891,  ch.  89.] 

56.  On  any  day  of  election  of  public  officers  in  any  election  precinct, 
each  qualified  voter  shall  be  entitled  to  receive  from  the  poll  clerk  "one 
ballot.  On  entering  the  election  room  the  voter  shall  give  his  name  and 
residence  to  one  of  the  poll  clerks,  who  shall  thereupon  announce  the 
same  in  a  loud  and  distinct  tone  of  voice. .  The  poll  clerk  shall  then 
deliver  to  him  one,  and  only  one,  ballot,  except  as  herein  otherwise  pro- 
vided.—[Acts  1891,  ch.  89.] 

57.  On  receipt  of  the  ballot,  the  voter  shall   forthwith,   and  without 


Elections  by  the  People.  27 

leaving  the  enclosed  space,  retire  alone  to  one  of  the  booths  or  compart- 
ments provided  for  the  purpose,  and  shall  prepare  his  ballot,  as  pro- 
vided in  section  thirty-four  of  this  chapter.  After  preparing  his  ballot, 
the  voter  shall  fold  the  same  so  that  the  face  thereof  shall  not  be  ex- 
posed, and  so  that  the  names  of  the  poll  clerks  thereon  shall  be  seen, 
unless  he  elect  to  vote  openly.  When  the  voter  shall  prepare  his  ballot 
he  shall  then  vote  forthwith,  and  before  leaving  the  polling  place.  He 
shall  give  his  name  and  present  his  ballot  to  one  of  the  commissioners 
of  election,  who  shall  proclaim  in  a  loud  and  distinct  tone,  the  name 
of  the  person  offering  to  vote,  and  hand  the  ballot  to  another  of  said 
commissioners  of  election  of  a  different  political  party  than  his  own,  and 
if  a  majority  of  said  board  are  satisfied  that  the  ballot  is  single,  and 
that  the  person  is  entitled  to  a  vote  at  the  said  election,  one  of  the  said 
commissioners  of  election  shall  deposit  the  ballot  in  the  ballot  box,  and 
the  poll  clerks  shall  enter  the  name  of  the  voter  on  the  poll-books  num- 
bering the  voters  in  the  order  in  which  they  vote.  The  commissioners 
of  election  may  inspect  every  ballot,  before  it  is  deposited  in  the  ballot 
box,  to  ascertain  whether  it  is  single,  but  without  unfolding  or  unrolling 
it  so  as  to  disclose  its  contents.  When  the  voter  has  voted,  he  shall 
retire  immediately  from  the  election  room  and  beyond  the  sixty  feet 
limit  therof.— [ Acts  1891,  ch.  89.] 

58.  Not  more  than  one  person  shall  be  permitted  to  occupy  any  booth 
or  compartment  at  one  time;  and  no  person  shall  remain  in  or  occupy 
a  booth  or  compartment  longer  than  may  be  necessary  to  prepare  his 
ballot,  and  in  no  event  longer  than  five  minutes.  No  voter,  or  person 
offering  to  vote,  shall  hold  any  conversation  or  communication  with  any 
other  person  than  the  poll  clerks  or  commissioners  of  election,  while 
in  the  election  room. — [Acts  1891,  ch.  89.] 

59.  Any  voter  who  shall  spoil,  deface  or  mutilate  the  ballot  delivered 
to  him,  majr,  on  returning  the  same  to  the  poll  clerks,  receive  another  in 
place  thereof.  Every  person  who  does  not  vote  any  ballot  delivered  to 
him,  shall  before  leaving  the  election  room  return  such  ballot  to  the  poll 
clerks.  When  a  spoiled  or  defaced  ballot  is  returned,  the  poll  clerks 
shall  make  a  minute  of  the  fact  on  the  poll  list,  at  the  time,  and  such 
ballot  shall  then  be  destroyed  by  them  in  the  presence  of  the  commis- 
sioners of  election. — [Acts  1891,  ch.  89.] 

60.  Any  voter  who  declares  or  indicates  to  thel  poll  clerks  that  he 
cannot  read  or  write,  or  that  by  reason  of  physical  disability  he  is  unable 
to  prepare  his  ballot,  may  declare  his  choice  of  candidates  to  the  poll 
clerks,  who  in  the  presence  of  the  voter  and  in  the  presence  of  each 
other,  shall  prepare  his  ballot  for  voting  in  the  manner  hereinafter  pro- 
vided, and  on  request,  shall  read  over  to  such  voter  the  names  of  the 
candidates  on  the  ballot  as  so  prepared;  or  such  voter  may  require  the 
poll  clerks  to  indicate  to  him  the  relative  position  of  the  names  of  the 
candidates  on  the  ballot,  whereupon  the  voter  shall  retire  to  one  of  the 
booths  or  compartments,  to  prepare  his  ballot  in  I  the  manner  herein- 
before provided.  Any  poll  clerk  who  shall  deceive  any  voter  in  selecting 
or  preparing  any  ballot,  or  prepare  the  same  in  any  other  way  than  as 
requested  by  said  voter,  shall  be  guilty  of  a  felony,  and   on  conviction 


28  Elections  by  the  People. 

thereof,  shall  be  imprisoned  in  the  penitentiary  for  not  less  than  two 
nor  more  than  five  years. — [Acts  1891,  ch.  89.] 

61.  No  commissioner  of  election  shall  deposit  in  the  ballot  box  any 
ballot  upon  which  the  names  of  the  poll  clerks  as  hereinbefore  provided 
for,  do  not  appear. — [Acts  1891,  ch.  89.] 

62.  Any  person  who  shall  remove  or  attempt  to  remove  a  ballot  from 
the  election  room,  or  having  in  his  possession  outside  the  election  room 
any  ballot,  either  genuine  or  counterfeit,  during  the  election,  shall  be 
guilty  of  felony,  and  on  conviction  thereof,  shall  be  imprisoned  in  the 
penitentiary  not  less  than  two  nor  more  than  five  years.— [Acts  1891, 
ch.  89.] 

Ascertaining   the  Result   at   the   Several   Election  Precincts. 

63.  When  the  polls  are  closed  the  commissioners  of  election  and  poll 
clerks  shall  proceed  to  ascertain  the  result  of  the  election  in  the  manner 
hereafter  specified,  and  shall  not  adjourn  nor  delay,  until  the  votes  are 
all  counted,  the  result  ascertained,  the  memorandum  made,  and  copies 
thereof  delivered  and  posted  as  hereinafter  required. — Acts  1863,  p.  120; 
3872-3,  ch.  118;   1882,  ch.  155;   1891,  ch.  89.] 

64.  Immediately  on  closing  the  polls,  the  commissioners  of  election 
shall  count  all  the  ballots  remaining  not  voted,  record  the  number  of 
the  same  on  the  tally  sheets,  and  destroy  all  such  ballots,  by  immediately 
consuming  them  by  fire  or  otherwise. — [Acts  1891,  ch.  89;  Loomis  vs. 
Jackson,  6  W.  Va.  613.] 

65.  The  names  entered  on  the  poll  books  shall  then  be  counted  by  the 
commissioners  and  clerks,  and  the  number  thereof  be  set  down  in  words 
at  length  and  also  in  figures,  at  the  foot  of  the  lists,  which  shall  then 
be  signed  by  the  commissioners  and  clerks;  and  the  ballot  box  shall  then 
be  opened,  and  one  of  the  commissioners  taking  therefrom  one  ballot  at 
a  time,  in  the  presence  of  all  the  other  officers,  shall  read  therefrom  the 
designations  of  the  offices  to  be  filled,  and  the  names  of  the  persons 
voted  for,  for  each  office,  and  hand  the  ballot  to  another  of  said  com- 
missioners, differing  in  politics  from  himself,  who  if  satisfied  that  it  was 
correctly  read  shall  string  it  on  a  thread.  The  contents  of  the  ballots 
as  they  are  read,  shall  be  entered  by  the  poll  clerks,  under  the  super- 
vision of  the  commissioners,  on  tally  papers  for  the  purpose,  by  suitable 
marks  in  ink,  made  opposite  to  or  under  the  name  of  each  person  voted 
for,  so  as  to  show  the  number  of  votes  received  by  every  person,  for 
any  office  to  be  filled.  The  ballots  shall  be  counted  as  they  are  strung 
upon  the  thread,  and  whenever  the  number  counted  shall  be  equal  to  the 
number  of  votes  entered  upon  the  poll  books,  the  excess,  if  any,  remain- 
ing in  the  ballot  box  shall  immediately  be  destroyed  by  fire  or  other- 
wise, without  unfolding  or  unrolling  the  same,  or  allowing  any  one  to 
examine  or  know  the  contents  thereof. — ]Acts  1863,  p.  120;  1872-3,  ch. 
118;  1882,  ch.  155;   1891,  ch.  89.] 

66.  If  two  or  more  ballots  be  found  folded  or  rolled  together  and  the 
names  thereon  be  the  same,  one  of  them  only  shall  be  counted,  but  if  the 
names  thereon  be  different,  in  any  particular,  neither  of  them  shall  be 
counted  except  as  hereinbefore  provided,  and,  in  either  case  the  commis- 
sioners of  election  shall,  in  writing,  in  ink;  place  a  common  number  on 


Elections  by  the  People.  29 

said  ballots  and  state  thereon  that  they  were  folded  or  rolled  together 
when  voted.  If  any  ballot  be  found  to  contain  more  than  the  proper 
number  of  names  for  any  office,  such  ballot  shall  not  be  counted  as  to 
such  office.  In  any  election  for  senator,  if  a  person  be  voted  for  on  any 
ballot  who  is  not  a  resident  of  the  proper  county,  as  required  by  the 
fourth  section  of  the  sixth  article  of  the  constitution,  such  ballot  shall 
not  be  counted  for  said  office.  Any  ballot  which  is  not  endorsed  with 
the  names  of  the  poll  clerks,  as  provided  in  this  chapter,  shall  be  void 
and  shall  not  be  counted;  and  any  ballot,  or  part  of  a  ballot,  from  which 
it  is  impossible  to  determine  the  elector's  choice  of  candidates,  shall 
not  be  counted  as  to  the  candidate  or  candidates  affected  thereby.  On 
completing  the  count  and  recording  the  same  on  tally  sheets,  the  com- 
missioners of  election  shall  immediately  make  a  memorandum  of  the 
total  vote  cast  for  each  candidate,  deliver  ft  copy  thereof  to  each  mem- 
ber of  such  board,  and  post  a  copy  thereof  on  the  front  door  of  the  polling 
room,  and  transmit  a  copy  thereof  to  the  clerk  of  the  county  court,  who 
shall  post  the  same  in  his  office  for  public  inspection. — [Acts  1863,  p.  120; 
1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89;  1893,  ch.  25,  Dunlevy  vs.  County 
Court,  47  W.  Va.  513.] 

Precinct  Returns  of  Election  Results. 

67.  As  soon  as  the  results  are  ascertained,  the  commissioners  of 
election,  or  a  majority  of  them,  at  each  place  of  voting,  shall  make  out 
and  sign  two  certificates  thereof,  in  the  following  form  or  to  the  following 
effect:       "We,    the    undersigned,    who    acted    as    commissioners    of    the 

election  held  at  precinct  No.  ,  in  the  district  of  ,  and  county  of 

,  on   the  day  of  ,   do  certify  that,   having  been  first   duly 

sworn,  we  have  fairly  and  impartially  held  the  said  election  according  to 

law,  and  the  result  thereof  is  as  follows:     For  the  office  of  (here 

designate  the  office,  as  for  example,  'delegate  for  the  county  of  Barbour,' 
or  'Senator  for  the  first  senatorial  district,'  'Judge  for  the  first  circuit, 
'Representative  in  the  congress  of  the  United  States  for  the  first  con- 
gressional district,'  'Governor  of  the  state,'  'Judge  of  the  supreme  court 
of  appeals,'  'Justice  of  the  peace  of  said  district,'  and  so  forth  as  the 
case  may  be.)  A.  B.  received  —  votes,  C.  D.  —  votes,  and  E.  F.  —  votes, 
and  so  on  throughout,  stating  according  to  the  truth,  the  full  name  of 
every  person  voted  for,  for  every  office,  and  in  words  at  length,  and  also 
in  figures,  the  number  of  votes  he  received  for  same;   and  concluding  as 

follows:     Given  under  our  hands  this  day  of  ."     The  said  two 

certificates  shall  contain  complete  returns  of  the  polls,,  taken  at  the  said 
place  of  voting  for  every  office  to  be  filled.  When  the  said  certificates  are 
signed,  the  ballots  shall  be  enclosed  by  the  commissioners  in  an  envelope, 
which  they  shall  seal  up,  and  write  their  names  in  ink  across  the  place 
or  places  where  it  is  sealed,  and  endorse  in  ink  on  the  outside  of  the 
said   envelope  as   follows:    "Ballots   of  the  election  held   at  precinct  No. 

,  in  the  district  of  ,  and  county  of  ,  the  day  of  ." 

One  of  the  commissioners  of  the  election  shall,  within  three  days  (ex- 
cluding Sunday),  after  the  day  on  which  the  election  was  held,  deliver 
the  ballots  so  sealed  up,  one  set  of  the  poll-books  and  tally-sheets,  and 
one  of  said  certificates  to  the  clerk  of  the  county  court,  and  the  other 


30  Elections  by  the  People. 

certificate,  and  set  of  poll-books  and  tally-sheets  to  the  clerk  of  the  cir- 
cuit court,  all  of  which  shall  be  preserved  in  the  respective  offices  of  said 
clerks.— [Acts  1863,  p.  120;  1864,  p.  9;  1872-3,  ch.  118;  1882,  ch.  155;  1891. 
ch.  89;  Brazie  vs.  Com.,  25  W.  Va.,  213;  Dial  vs.  Hollandsworth,  39  W.  Va. 
1;  13  Fla.  55;  2  Me.,  180;  10  Mo.,  630;  4  Wis.,  749;  10  Iowa,  343;  39  Ind., 
488;   Dent  vs.  Board,  45  W.  Va.  750.] 

Canvassing  Board. 

68.  The  commissioners  of  the  county  court  shall  be  ex-officio  a  board 
of  canvassers,  and  as  such,  shall  keep  in  a  well-bound  book,  marked: 
"election  record,"  a  complete  record  of  all  their  proceedings  in  ascer- 
taining and  declaring  the  result  of  every  election  in  their  respective 
counties.  They  shall  convene  as  such  canvassing  board  at  the  court- 
house on  the  fifth  day  (Sundays  excepted),  after  every  election  held  in 
their  county  or  in  any  -district  thereof,  and  the  officer  in  whose  custody  the 
ballots,  poll-books,  tally-sheets  and  certificates  have  been  placed  shall 
lay  the  same  before  them  for  examination.  They  may,  if  deemed  neces- 
sary, require  the  attendance  of  any  of  the  commissioners,  poll  clerks  or 
other  persons  present  at  the  election,  to  appear  and  testify  respecting  the 
same,  and  make  such  other  orders  as  shall  seem  proper,  to  procure 
correct  returns  and  ascertain  the  true  result  of  the  said  election  in  their 
county;  but  in  such  case  all  of  the  questions  to  the  witnesses  and  all 
the  answers  thereto,  and  evidence,  shall  be  taken  down  in  full  and 
spread  upon  the  record.  All  orders  made  shall  also  be  entered  upon  the 
record.  They  may  adjourn  from  time  to  time,  but  no  longer  than  abso- 
lutely necessary,  and  when  a  majority  of  the  commissioners  are  not 
present,  their  meeting  shall  stand  adjourned  till  the  next  day,  and  so  on 
from  day  to  day,  till  a  quorum  be  present.  The  board,  before  proceed- 
ing to  canvass  the  returns  of  the  election,  shall  open  each  sealed  pack- 
age of  ballots  so  laid  before  them,  and  without  unfolding  them,  count 
the  number  in  each  package  and  enter  the  same  upon  their  said  record. 
The  ballots  shall  then  be  again  sealed  up  carefully  in  a  new  envelope, 
and  each  member  of  the  board  shall  write  his  name  across  the  place 
where  said  envelope  is  sealed.  After  canvassing  the  returns  of  the 
election,  the  board  shall,  upon  the  demand  of  any  candidate  voted  for 
at  such  election,  open  and  examine  any  one  or  more  of  the  sealed  pack- 
ages of  ballots,  and  recount  the  same;  but  in  such  case  they  shall  seal 
the  same  again,  along  with  the  envelope  above  named,  and  the  clerk  of 
the  county  court,  and  each  member  of  the  board,  shall  write  his  name 
across  the  place  or.  places  where  it  is  sealed,  and  endorse  in  ink,  on  the 
outside:  "Ballots  of  the  election  held  at  precinct  No.  ,  in  the  dis- 
trict of ,  and  county  of ,  on  the day  of  ." 

When  they  have  made  their  certificates  and  declared  the  result,  as 
hereinafter  provided,  they  shall  deposit  the  sealed  packages  of  ballots, 
poll-books,  tally-sheets,  and  precinct  certificates,  with  the  clerks  of  the 
county  and  circuit  courts,  from  whom  they  were  received,  who  shall 
carefully  preserve  the  same  for  one  year,  and  if  there  be  no  contest 
pending  as  to  any  such  election,  said  ballots,  poll-books,  tally-sheets  and 
certificates,  shall  be  destroyed  by  fire  or  otherwise,  without  opening  the 
sealed  packages  of  ballots:   and  if  there  be  such  contest  pending,   then 


Elections  by  the  People.  31 

they  shall  be  destroyed  as  soon  as  said  contest  is  ended.  If  the  result 
of  election  is  not  changed  by  such  recount,  the  cost  and  expenses  there- 
of shall  be  paid  by  the  party  at  whose  instance  the  same  was  made. — 
[Acts  1863,  p.  122;  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89;  4  W.  Va. 
371;  Loomis  vs.  Jackson,  6  W.  Va.  613  and  Harrison  vs.  Leirs,  6.  W.  Va. 
713;  Brazie  vs.  Com.,  25  W.  Va.  213;  Fleming  vs.  Com.,  31  W.  Va.  608; 
Chenoweth  vs.  Com.,  26  W.  Va.  230;  Alderson  vs.  Com.,  31  W.  Va.  633; 
32  W.  Va.  454;  Fleming  vs.  Com.,  32  W.  Va.  637;  Dunlevy  vs.  County  Court, 
47  W.  Va.  513;  Hebb  vs.  Cayton,  45  W.  Va.  578;  Payne  vs.  Staunton,  55 
W.  Va.  201.] 

6£.  When  an  election  is  held  in  the  county  or  district  for  any  of  the 
following  offices,  that  is  to  say:  For  governor,  auditor,  treasurer,  state 
superintendent  of  free  schools,  attorney  general,  judge  of  the  supreme 
court  of  appeals,  judge  of  the  circuit  court,  senator,  delegate,  clerk  of  the 
circuit  court,  clerk  of  the  county  court,  commissioner  of  the  county 
court,  prosecuting  attorney,  sheriff,  surveyor  of  lands,  assessor,  justice 
of  the  peace,  constable,  or  other  office  within  the  county,  representative 
in  the  congress  of  the  United  States  or  electors  of  president  and  vice- 
president  of  the  United  States,  the  board  of  canvassers  of  the  county, 
or  a  majority  of  them,  under  the  regulations  prescribed  in  the  next  pre- 
ceding section,  shall  carefully  and  impartially  ascertain  the  result  of 
the  election  in  their  county  and  in  each  district  thereof,  and  shall  record 
the  same  in  the  following  form,  or  to  the  following  effect:  "The  board 
of  canvassers  of  the  county  of  ,  having  carefully  and  impar- 
tially examined  the  returns  of  the  election  held  in  said  county,  in  each 

district  thereof,  on  the day  of ,  do  hereby  certify  that  in  said 

county  for  the  office  of  ,  A B   received  votes,   C 

D received  votes,  and  E F received  votes."     "And 

we  further  certify  that  at  said  election  held  in  the  district  of ,  in  said 

county,  for  the  office  of ,  G H received  — •—  votes,  and  I 

J received votes."     (And  so  on  to  each  particular  office.)     In  the 

said  certificates  shall  be  set  forth,  according  to  the  truth,  the  full  name 
of  every  person  voted  for,  and  in  words  at  length,  the  number  of  votes 
he  received  for  any  office.  When  the  certificates  are  all  entered,  the 
record  shall  be  signed  by  the  board  or  a  majority  of  them.  The  said 
board  shall  sign  separate  certificates  of  the  result  of  the  election  within 
the  county,  for  each  of  the  offices  to  be  filled. — [Const.  1863,  Art.  VII, 
Sec.  4;  Acts  1863,  pp.  122,  123;  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89; 
25  W.  Va.,  213  and  26  W.  Va.  230;  see  note  to  Sec.  68;  Hebb  vs.  Cayton,  45 
W.  Va.  578;  Dent  vs.  Board,  45  W.  Va.  750.] 

Certificates ;  to  Whom  Sent;  Hoiv  Disposed  of;  Proceedings  Thereon. 

70.  The  separate  certificates  of  the  board  of  canvassers,  made  pur- 
suant to  the  preceding  section,  shall  be  by  them  disposed  of  as  follows: 
Of  the  certificates  respecting  the  election  for  delegate  or  delegates,  they 
shall  transmit  one  to  each  person  voted  for  as  delegate  and  shall  trans- 
mit one  to  the  secretary  of  state,  who  shall  submit  the  same  to  the 
house  on  the  first  day  of  the  ensuing  regular  session,  together  with  a 
list  of  persons  appearing  thereby  to  be  elected.  Of  the  certificates  re- 
specting the  election  of  senator,  they  shall  transmit  one  to  each  person 


32  Elections  by  the  People. 

voted  for  as  senator,  and  shall  transmit  one  to  the  secretary  of  state,  to 
be  submitted  by  him  to  the  senate,  on  the  first  day  of  the  ensuing 
regular  session,  together  with  a  list  of  persons  appearing  thereby  to  be 
elected.  Of  the  certificates  respecting  the  election  of  the  governor,  auditor, 
treasurer,  state  superintnedent  of  free  schools  and  attorney  general,  one 
as  to  each  of  said  offices,  shall  be  sealed  up.  and  transmitted  by  said  com- 
missioners to  the  secretary  of  state  endorsed  on  the  envelope  as  fol- 
lows: "Return  of  the  election  for  governor,  auditor,  treasurer,  state 
superintendent  of  free  schools  and  attorney  general."  The  secretary 
of  state  shall  deliver  the  same,  unopened,  to  the  speaker  of  the  house 
of  delegates,  on  the  first  day  of  the  next  session  of  the  legislature;  and 
the  speaker  shall,  immediately  after  the  organization  of  the  house,  and 
before  proceeding  to  other  business,  open  and  publish  the  same  in  the 
presence  of  a  majority  of  each  house  of  the  legislature,  which  bodies 
shall,  for  that  purpose,  assemble  in  the  hall  of  the  house  of  delegates. 
The  person  having  the  highest  number  of  votes  for  either  of  said  offices, 
shall  be  declared  duly  elected  thereto;  but  if  two  or  more  persons  have 
an  equal  and  the  highest  number  of  votes  for  the  same  office,  the  legis- 
lature shall,  by  a  joint  vote  of  the  two  houses,  choose  one  of  the  said  per- 
sons for  said  office;  and  one  of  each  said  last  mentioned  certificates,  shall 
also  be  transmitted  under  seal,  to  the  governor,  who  shall  immediately 
tabulate  the  vote  in  all  the  counties,  for  each  office,  and  cause  the  same 
to  be  published  in  some  newspaper  published  at  the  seat  of  government. 
Of  the  certificates  respecting  ihe  election  for  judge  of  the  supreme  court 
of  appeals,  judge  of  a  judicial  circuit,  representative  in  the  congress 
of  the  United  States,  and  electors  of  president  and  vice-president  of  the 
United  States,  respectively,  the  commissioners  shall  transmit  one  in  each 
case  to  the  person  voted  for,  and  one  to  the  governor;  and  the  governor 
tshall  ascertain  who  are  elected,  and  make  proclamation  thereof. 

Of  the  certificates  respecting  the  election  of  all  county  and  district 
officers,  one  shall  be  transmitted  to  each  person  for  whom  votes  were 
cast.— [Acts  1863,  p.  124;  1872-3,  ch.  118;  1882,  ch.  155.  See  Alderson  vs. 
Com.  32  W.  Va.  640  for  discussion  of  the  question  as  to  whether  a  court 
of  equity  has  jurisdiction  to  enjoin  the  certification  of  an  election.  See 
also  2  High  Inj.  sec.  1312;  High  Extra  Rem.  sec.  619;  77  Va.  347;  17 
Ohio  State  271;  1  Brewst.  67;   61  111.,  201;  55  Ala.  320;   78  111.  261.] 

71.  When  the  governor  is,  or  the  board  of  canvassers  of  a  county  are, 
to  declare  the  result  of  an  election  and  it  appears  to  him  or  them  that 
two  or  more  of  the  persons  voted  for  have  receivd  the  highest  and  an 
equal  number  of  votes  so  that  the  election  to  the  office  is  not  decided  by 
the  returns,  he,  or  they,  being  required  to  declare  the  result,  shall  de- 
cide the  tie  by  the  election  of  one  of  said  persons. — [Acts  1863,  p.  128; 
1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89;  Chenoweth  vs.  Commissioners 
26  W.  Va.  232.] 

Declaring  the  Result  of  the  Election  for  County  and  District  Officers  in 
Case  of  Contested  Election. 

72.  In  all  cases  of  contested  election  the  county  court  shall  be  the 
judge  of  election,  qualifications  and  returns  of  their  own  members,  and 
of  all  county  and  district  officers.— Const.  1863,  Art.  VII,  Sec.  4;   1863,  p. 


Elections  by  the  People.  33 

122;  Const.  1872,  Art.  VIII,  Sec.  24;  Acts  1872-3,  ch.  118;  1882,  ch.  155;  1891, 
ch.  89;  2  W.  Va.  422;  4  W.  Va.  300;  Swinburn  vs.  Smith,  15  W.  Va.  483; 
See  Fowler  vs.  Thompson,  22  W.  ya.  106,  and  Brazie  vs.  Com.,  25  Va., 
213.] 

73.  Though  illegal  votes  be  received  or  legal  votes  be  rejected,  at 
any  place  of  voting,  the  returns  of  the  votes  taken  at  such  place  shall 
not  be  set  aside  for  that  cause,  but  it  may  be  shown  by  proper  evidence 
before  the  tribunal  authorized  by  law  to  hear  and  determine  contested 
elections,  for  whom  such  illegal  votes  or  any  of  them  were  cast,  or  for 
whom  the  legal  votes  which  were  rejected  would  have  been  given  and 
so  far  only  as  is  so  shown  the  returns  shall  be  corrected. — [Acts  1872-3, 
ch.  118;  1882,  ch.  155;  1891,  ch.  89;  4  W.  Va.  371;  25  W.  Va.  213;  Brazie 
vs.  Commissioners,  25  W.  Va.,  223.] 

Additional  Offences  and  Penalties. 

74.  Any  officer  or  person  who  shall  offend  in  any  of  the  following  par- 
ticulars : 

First.  Any  commissioner  of  election  or  poll  clerk  who  shall  knowingly 
make  or  cause  to  be  made,  or  conspire  with  others  to  make,  a  false  return 
of  the  result  of  the  votes  cast  for  any  candidates  at  a  precinct  election 
held  pursuant  to  law;  or, 

Second.  Any  commissioner  of  election  receiving  the  ballot  of  a  voter 
to  be  deposited  in  the  ballot-box  at  any  precinct  election,  who  shall  put 
another  ballot  in  the  box  instead  of  the  one  so  received  by  him;   or, 

Third.  Any  commissioner  of  election  or  poll  clerk  who  shall  count 
and  string  a  ballot  not  taken  from  the  ballot  box,  in  lieu  of  one  taken  or 
which  should  have  been  taken,  from  such  ballot-box;  or, 

Fourth.  Any  commissioner  of  a  county  court,  whether  acting  as  such 
or  ex-officio  as  a  member  of  a  board  of  canvassers  or  otherwise,  clerk  of 
a  county  court,  or  other  person,  who  shall  abstract  from  any  package  of 
ballots  voted,  sealed  and  returned  from  any  precinct  election  either  before 
or  after  they  are  filed  with  the  clerk  of  the  circuit  or  county  court,  or 
who  shall  in  any  manner  change  any  such  ballot  from  what  it  was  when 
voted  by  the  voter,  or  who  shall  put  another  ballot  in  such  package  in 
the  place  of  one  so  abstracted  therefrom;  or, 

Fifth.  Any  commissioner  of  a  county  court,  whether  acting  as  such 
commissioners  or  ex-officio  as  a  member  of  a  board  of  canvassers  or  other- 
wise, who  shall  knowingly  make  and  enter  of  record,  or  in  any  way  aid, 
counsel  or  advise  the  same  to  be  done  or  permit  the  same  to  be  done 
without  objection  on  his  part,  any  false  or  fraudulent  statement  of  the 
result  of  any  election  held  within  their  county;   or, 

Sixth.  Any  person  who  shall  aid,  assist,  counsel  or  advise  in  the  com- 
mission of  any  of  the  offenses  above  specified;  every  such  officer  or  person 
so  offending  shall  be  guilty  of  felony,  and  upon  conviction  thereof  shall 
be  confined  in  the  penitentiary  not  less  than  five  nor  more  than  ten 
years,  and  at  the  discretion  of  the  court,  he  may  in  addition  thereto, 
be  fined  Dot  less  than  five  hundred  nor  more  than  five  thousand  dollars. 
And  any  person  who  shall  falsely  make  or  fraudulently  -deface  or  fraud- 
ulently destroy,  any  certificate  of  nomination  or  any  part  thereof;  or 
file  any  certificate  of  nomination,  knowing  the  same  or  auy  part  thereof, 


34  Elections  by  the  People. 

to  be  falsely  made,  or  suppress  any  certificate  of  nomination  which  has 
been  duly  filed,  or  any  part  thereof;  or  forge  or  falsely  make  the  official 
endorsement  of  any  ballot,  or  print  or  cause  to  be  printed,  any  imitation 
ballot,  or  circulate  the  same,  or  erase,  deface,  or  change  in  any  manner, 
any  election  record,  or  any  ballot,  poll  book,  tally  sheet  or  certificate  of 
election  deposited  with  either  of  the  clerks  of  the  county  or  circuit  courts; 
or  conspire  with  another  to  do  any  of  said  acts,  or  induce  or  attempt  to 
induce,  any  other  person  to  do  any  of  said  acts,  whether  or  not  said 
acts,  or  any  of  them,  be  committed  or  attempted  to  be  committed,  shall 
be  deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  less  than  two  nor  more 
than  five  years. — [Acts  1891,  ch.  89.  For  other  offences  see  Betting  on 
Election,  34  W.  Va.  78-83;   Treating  Voters,  35  W.  Va.  320.] 

75.  Any  clerk,  member  of  the  board  of  ballot  commissioners,  commis- 
sioner of  election,  or  other  messenger  entrusted  with  the  custody  of  the 
ballots,  who  shall  open  any  of  the  packages  in  which  the  ballots  are  con- 
tained, or  permit  any  of  them  to  be  opened,  or  destroy  any  of  such  bal- 
lots, or  permit  them  to  be  destroyed,  or  give,  or  deliver  any  such  pack- 
ages or  ballots  to  any  person  not  lawfully  entitled  to  receive  them,  as 
herein  provided;  or  conspire  to  procure,  or  in  any  way  aid,  abet,  or 
connive  at  any  robbery,  loss  or  unlawful  destruction  of  any  such  ballots 
or  packages  shall  be  guilty  of  a  felony,  and  on  conviction  thereof  shall 
be  punished  by  imprisonment  in  the  penitentiary  for  not  less  than  three 
nor  more  than  ten  years. — LActs  1891,  ch.  89.] 

76.  If  any)  person  shall  induce,  or  attempt  to  induce,  any  voter  to 
write,  paste,  or  otherwise  place  on  his  ballot,  the  name  of  any  person, 
or  any  sign  or  device  of  any  kind,  as  a  distinguishing  mark  by  which  to 
indicate  to  any  other  person  how  such  voter  voted,  or  shall  enter  into 
or  attempt  to  form  any  agreement  or  conspiracy  with  any  other  person  to 
induce  or  attempt  to  induce  a  voter  to  so  place  a  distinguishing  name  or 
mark  on  his  ballot,  whether  or  not  said  act  be  committed  or  attempted 
to  be  committed,  such  person  so  offending  shall  be  guilty  of  a  felony., 
and  on  conviction  thereof,  be  imprisoned  in  the  penitentiary  not  less  than 
two  years  nor  more  than  five  years,  or  he  may,  at  the  discretion  of  the 
court,  be  fined  not  less  than  one  hundred  nor  more  than  five  hundred 
dollars,  and  be  imprisoned  in  the  county  jail  not  less  than  one  month  nor 
more  than  six  months. — [Acts  1891,  ch.  89.] 

77.  If  any  commissioner  of  election,  or  a  poll  clerk,  shall  reveal  to 
any  person  how  any  voter  has  voted,  or  what  other  candidates  were  voted 
for  on  any  ballot  bearing  a  name  not  printed  theredti,  by  the  board  of 
ballot  commissioners,  or  give  any  information  concerning  the  appearance 
of  any  ballot  voted,  such  persons  so  offending  shall  be  guilty  of  a  felony, 
and,  on  conviction  thereof,  shall  be  imprisoned  in  the  penitentiary  not 
less  than  two  nor  more  than  five  years. — [Acts  1891,  ch.  89.] 

78.  If  any  person  shall  induce,  or  attempt  to  induce,  by  the  use  of  any 
unlawful  means,  any  commissioner  of  election  or  poll  clerk  to  violate  any 
of  the  provisions  of  this  chapter,  whether  or  not  such  commissioner  of 
election  or  poll  clerk,  shall  violate  or  attempt  to  violate  any  of  the  pro- 
visions thereof,  such  person  so  offending  shall  be  guilty  of  a  felony,  and, 


Elections  by  the  People.  35 

on  conviction  thereof,   shall  be  imprisoned   in   the  penitentiary  not  less 
than  two  nor  more  than  five  years. — [Acts  1891,  ch.  89.] 

79.  No  officer  of  election  shall  disclose  to  any  person  the  name  of  any 
candidate  for  whom  a  voter  has  voted.  No  officer  of  election  shall  do 
any  electioneering  on  election  day.  No  person  whatever  shall  do  any 
electioneering  on  election  day  within  any  polling  place,  or  within  sixty 
feet  of  any  polling  place.  No  person  shall  apply  for  or  receive  any  bal- 
lot in  any  polling  place,  other  than  that  wnich  he  is  entitled  to  vote, 
nor  shall  any  person  examine  a  ballot  which  any  voter  has  prepared  for 
voting  or  solicit  the  voter  to  receive  the  same,  nor  ask,  or  make  any 
arrangements,  directly  or  indirectly,  with  any  voter  to  vote  an  open 
ballot.  No  person  except  a  commissioner  of  election  shall  receive  from 
any  voter  a  ballot  prepared  by  him  for  voting.  No  voter  shall  receive 
a  ballot  from  any  person  other  than  one  from  the  poll  clerks;  nor  shall 
any  person  other  than  a  poll  clerk  deliver  a  ballot  to  a  commissioner  of 
election,  to  be  voted  by  such  commissioner.  No  voter  shall  deliver  any 
ballot  to  a  commissioner  of  election  to  be  voted,  except  the  one  he  re- 
ceives from  the  poll  clerk.  No.  voter  shall  place  any  mark  upon  his 
ballot,  nor  suffer  or  permit  any  other  person  to  do  so,  by  which  it  may- 
be afterward  identified  as  the  ballot  voted  by  him.  Whoever  shall  violate 
any  provision  of  this  section  shall  be  deemed  guilty  of  a  felony  and  on 
conviction  thereof  shall  be  punished  by  imprisonment  in  the  penitentiary 
for  not  less  than  one  nor  more  than  two  years. — [Acts  1891,  ch  89.] 

80.  Any  public  officer,  upon  whom  any  duty  is  imposed  by  this  chapter, 
who  shall  wilfully  neglect  or  refuse,  or  omit  to  perform  such  duty,  or 
do  any  act  prohibited  herein,  for  which  punishment  is  not  otherwise 
provided,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less  than 
one  nor  more  than  three  years. — [Acts  1891,  ch.   89.] 

81.  If  any  person  not  herein  authorized  so  to  do,  shall  enter  or  attempt 
to  enter  the  election  room,  or  shall  remain  within  sixty  feet  of  the  polling 
place,  contrary  to  the  provisions  hereinbefore  made,  he  shall  be  guilty  of 
a  misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  and  confined  in 
the  county  jail  not  less  than  thirty  days. — [Acts  1891,  ch.  89.] 

82.  If  any  person  shall,  during  the  election,  remove  or  destroy  any  of 
the  supplies  or  other  conveniences  placed  in  the  booths  or  compartments 
as  aforesaid,  or  deliver  to  the  voter  for  the  purpose  of  enabling  the  voter 
to  prepare  his  ballot,  or  shall,  during  an  election,  remove,  tear  down  or 
deface  the  cards  printed  for  the  instruction  of  the  voters,  or  shall,  during 
an  election,  destroy  or  remove  any  booths,  railing  or  other  conveniences, 
provided  for  such  election,  or  shall  induce  or  attempt  to  induce  any 
person  to  commit  any  of  such  acts  whether  or  not  any  of  such  acts  be 
committed,  or  attempted  to  be  committed,  shall  be  guilty  of  misdemeanor, 
and,  on  conviction  thereof,  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  less  than  six  months  nor  more  than  one  year. — [Acts 
1891,  ch.  89.] 

Affidavit   Taken  During   Election. 

83.  All  affidavits  provided  for  in  this  chapter,  to  be  used  on  the  day  of 


36  Elections  by  the  People. 

election  at  the  several  polling  places,  shall,  unless  herein  otherwise 
directed,  at  the  close  of  the  count,  be  placed  in  a  strong  and  durable 
envelope,  by  the  commissioners  of  election,  and  securely  sealed  by  them, 
and  each  of  them  shall  endorse  his  name  on  the  back  of  such  envelope, 
which  shall,  within  three  days  after  the  election,  be  delivered  by  one  of 
the  commissioners  of  election,  to  the  clerk  of  the  circuit  court  of  the 
county,  whose  duty  it  shall  be  to  carefully  preserve  the  same  and  deliver 
it,  with  the  seal  unbroken,  to  the  foreman  of  the  grand  jury  when  next 
in  session.  It  shall  be  the  -duty  of  such  grand  jury  to  enquire  into  the 
truth  or  falsity  of  such  affidavits.— [Acts  1891,  ch.  89.] 

84.  When  any  county  or  magisterial  district  holds  an  election  at  any 
time  other  than  the  time  of  a  general  election,  such  election  shall  if 
nominations  of  candidates  shall  be  made  and  certificates  filed  as  herein 
provided  for,  be  held  in  conformity  with  the  provisions  of  this  chapter, 
and  all  county  and  local  officers  who  are  required  to  perform  any  duties 
in  connection  with  the  general  election  shall  perform  the  duties  in  con- 
nection with  such  special  or  local  election,  subject  to  the  same  provisions 
and  penalties  herein  prescribed  in  case  of  general  elections. — [Acts  1891, 
ch.  89.] 

Municipal  Elections. 

85.  Every  municipal  election  shall  be  held  in  conformity  with  the  pro- 
visions of  this  act,  except  that  the  duties  herein  required  of  the  county 
and  circut  court  clerks  shall  be  performed  by  the  municipal  clerk  (or 
recorder,  as  the  case  may  be) ;  the  duties  herein  required  of  the  com- 
missioners of  the  county  court  shall  be  performed  by  the  municipal  coun- 
cil; the  duties  herein  required  of  the  county  sheriff  shall  be  performed 
by  the  municipal  marshal,  sergeant  (or  chief  of  police,  as  the  case  may 
be) ;  and  the  rights  of  designation  of  election  officers  by  political  parties 
shall  be  exercised  by  the  chairman  of  committees  of  such  parties  in  the 
municipality,  if  such  there  be.  Municipal  officers  are  hereby  required  to 
perform  the  various  duties  herein  prescribed  for  county  officers  in  whose 
stead  they  act,  subject  to  the  same  provisions  and  penalties  herein 
prescribed  as  to  such  county  officers,  except  in  any  municipality  giving 
at  the  last  preceding  election  therein  less  than  six  hundred  votes,  in  which 
an  election  is  held  for  municipal  officers  without  any  nominations  of 
candidates  having  been  made  and  certified,  as  herein  provided,  by  at 
least  two  political  parties  or  organizations  of  citizens  representing  a 
political  principle,  said  election  may  be  held  and  conducted  under  the 
laws  in  force  in  this  State  on  the  day  before  this  chapter  as  amended 
by  chapter  twenty-five  of  the  acts  of  1893,  took  effect,  and  shall  be 
counted  and  certified  and  the  result  declared  under  the  provisions  of 
this  chapter.— [Acts  1872-3,  ch.  118;  1882,  ch.  155;  1891,  ch.  89;  1893, 
ch.  25;  1895,  ch.  29;  Knight  vs.  Town  of  West  Union,  45  W.  Va.  194.  In 
this  case  is  discussed  the  manner  of  conducting  municipal  elections  in 
respect  to  vote  on  issue  of  bonds.] 

Compensation  of  Election  Officers. 

86.  Every  commissioner  of  election,  poll  clerk  and  ballot  commissioner, 
shall  be  allowed  one  dollar  and  fifty  cents  each  day  he  shall  serve  as  such, 
and  two  dollars  in  addition  thereto  as  messenger  for  the  ballots,  ballot 


Elections  by  the  People.  37 

boxes,  poll  books  and  tally  sheets.  The  ballot  commissioners  shall  not 
receive  an  allowance  for  more  than  two  days. — [Acts  1863,  p.  128;  1864, 
p.  9;   1872-3,  ch.  118;   1882,  ch.  155;   1891,  ch.  89.] 

Election  Expenses  a  County  and  Municipal  Charge. 

87.  The  printing  of  ballots  and  air  other  expenses  incurred  in  provid- 
ing for,  holding  and  making  returns  of  elections,  shall  be  a  county  charge 
and  shall  be  audited  by  the  county  court  and  paid  out  of  the  county 
treasury,  except  where  the  officers  to  be  voted  for  are,  exclusively,  mu- 
nicipal officers,  in  which  case  such  expense  shall  be  a  municipal  charge, 
the  payment  of  which  shall  be  provided  for  in  the  same  manner  as  other 
municipal  expenses. —  [Acts  1891,  ch.  89.] 

Election  Days  Legal  Holidays. 

88.  All  election  days  shall  be  legal  holidays  throughout  the  district  or 
municipality  in  which  the  election  is  held. — [Acts  1891,  ch.  89.] 

Mandamus    to    Compel   Performance   of   Duty. 

89.  Any  officer  or  person  upon  whom  any  duty  is  devolved  by  this 
chapter,  may  be  compelled  to  perform  the  same  by  writ  of  mandamus. 
The  circuit  courts  or  the  judges  thereof  in  vacation,  shall  have  juris- 
diction by  such  writ,  and  shall,  upon  affidavit  filed,  showing  a  proper 
case  without  a  rule  to  show  cause,  issue  such  writ  to  be  returned,  heard 
and  determined  without  unnecessary  delay.  If  a  circuit  court,  or  a 
judge  thereof  in  vacation,  shall  proceed  against  any  board  of  canvassers 
by  mandamus,  or  otherwise,  to  control,  in  any  maner,  the  action  of  said 
board  in  the  performance  of  its  duty,  under  the  provisions  of  section 
sixty-eight  of  this  chapter,  in  any  case  concerning  the  election  of  a  mem- 
ber of  the  house  of  delegates  or  a  State  senator  and  shall  fail  to  enter 
a  final  order  in  such  proceedings  settling  all  questions  presented  therein 
within  fifty  days  from  the  commencement  of  such  proceedings,  unless 
delayed  by  proceedings  of  the  supreme  court  of  appeals,  or  a  judge 
thereof  in  vacation,  the  same  shall  stand  dismissed;  and  such  board  shall 
convene  within  not  less  than  five  days  thereafter,  and  proceed  forthwith 
to  the  performance  of  its  duty  under  the  provisions  of  said  section- 
A  mandamus  shall  lie  from  the  supreme  court  of  appeals,  or  any  one  of 
the  judges  thereof  in  vacation,  returnable  before  said  court,  to  compel 
any  officer  herein  to  do  and  perform  legally  any  duty  herein  required 
of  him.  And  respecting  the  election  of  a  member  of  the  house  of  dele- 
gates and  state  senator,  a  writ  of  certiorari,  mandamus  or  prohibition 
shall  lie  from  the  said  supreme  court  of  appeals,  or  a  judge  thereof  in 
vacation,  returnable  before  said  court,  to  correct  any  error  of  law  and 
review  and  correct  the  proceedings  of  any  circuit  court  or  the  judge 
thereof  in  vacation,  or  any  board  of  canvassers.  When  any  such  writ  of 
mandamus,  prohibition  or  certiorari  shall  be  issued  by  said  court  or  a 
judge  thereof  in  vacation,  it  shall  be  the  duty  of  said  court  to  convene 
in  special  session  at  the  State  capitol,  not  later  than  ten  days  from  the 
date  of  the  writ,  to  hear  and  determine  all  matters  arising  upon  said 
writ,  which  matters  shall  have  precedence  over  all  other  business  pend- 
ing in  said  court  and  be  determined  within  five  days  from  the  assembling 


38 


Elections  by  the  People. 


thereof,  and  in  any  case,  in  ample  time  for  the  case  to  be  remanded  and 
final  action  taken  by  the  circuit  court  and  the  board  of  canvassers,  in 
order  that  such  board  may  perform  its  duty  and  issue  the  certificate  of 
election  before  the  second  Wednesday  in  January,  then,  next  following. 
In  mandamus  and  prohibition  proceedings  under  this  section  the  same 
may  be  upon  affidavit  alone,  and  no  rule  to  show  cause,  nor  alternative 
writ,  shall  be  necessary. — [Marcum  vs.  Ballot  Com.,  42  W.  Va.  26;  Hebb 
vs.  Clayton,  45  W.  Va.  578;  Dent  vs.  Board,  45  W.  Va.  750;  Alderson  vs. 
Com.,  31  W.  Va.  633;  Daniel  vs.  Sims,  49  W.  Va.  554;  Dunlevy  vs.  County 
Court,  47  W.  Va.  513;  Payne  vs.  Staunton,  55  W.  Va.  201.] 

Witness  Compelled  to  Testify,  Though  Implicated. 

90.  Every  person  called  as  a  witness  as  to  any  violation  of  any  of  the 
provisions  of  this  chapter,  shall  be  compelled  to  testify  fully  concerning 
the  same;  but  if  such  witness  testify  fully,  he  shall  be  exonerated  from 
such  offense  in  which  he  is  implicated,  and  shall  not  be  prosecuted  there- 
for.—[Acts  1891,  ch.  89.]       ! 

The  following  ten  sections  from  section  91  to  100,  inclusive,  were  passed 
by  the  Legislature  of  1905,  on  February  17,  1905,  and  are  in  effect  May 
17,  1905.     See  Chap.  43,  Acts  1905. 

(Sections  91  to  95,  inclusive,  are  by  implication  repealed  by  chapter  19 
of  Acts  of  1908,  which  is  as  follows:) 


CHAPTER    W—ACT8    1908. 


AN  ACT  to  provide  for  the*  registration  of  voters. 


[Passed   March   3,   1908. 


Sec. 
1. 


In   effect   ninety   days   from   passage. 
4,  1908.] 


Approved    March 


County  court  to  appoint  registrars 
for  each  precinct  in  the  county ; 
when  registrar  to  be  appointed ; 
his  duty ;  registrar  to  take  oath 
that  he  will  support  the  con- 
stitution of  United  States  and 
state  of  West  Virginia ;  oath  to 
be  filed  with  county  clerk. 

County  court  shall  cause  to  be  pre- 
pared books  and  blanks  for  the 
registration  pf  voters;  duty  of 
clerk  of  the  county  court ;  how 
books  to  be  arranged  and  what 
to   contain. 

Registrar's  duty ;  authorized  to  ad- 
minister oath  ;  questions  to  be 
answered  by  persons  desiring  to 
register. 

Person  of  foreign  birth  must  show 
naturalization  papers  or  certified 
copy   thereof,   except. 

Registrars    to    immediately   proceed 


Sec. 


to  register  the  names  of  the 
qualified  voters  as  soon  as  ap- 
pointed ;  registration  to  be  com- 
pleted before  the  first  day  of 
October ;  registrars  to  sit  for 
amending  and  correcting  the  reg- 
istration list,  when ;  to  give  no- 
tice, time  and  place  of  such  sit- 
ting; notice  to  be  posted  at  each 
voting  precinct. 

Qualified  voters  may  register  at 
any  time  but  not  later  than  ten 
days  before  the  election  at  which 
he  desires  to  vote. 

Registration  books  to  be  filed  with 
clerk  of  the  county  court ;  when 
books  to  be  filed ;  county  court  to 
convene;  when  and  for  what  pur- 
pose ;  if  county  court  shall  erase 
any  name,  what  then ;  county 
clerk  to  furnish  copy  of  registra- 
tion book  to  each  voting  precinct. 


Elections  by  the  People.  39 

8.  Any  registrar  who  may  wilfully  or       11.     Special      elections ;      registrars      to 

maliciously  register  the  name  of  give   notice   as   hereinbefore   pro- 

a  person  not  a  qualified  voter,  or  vided ;  county  court's  duty  as  to 

refuse  to  register  the  name  of  a  special  election;  county  court  or 

qualified   voter,   shall   be   deemed  clerk  to  fill  vacancy  in  office  of 

guilty  of  a  felony ;   penalty.  registrar. 

9.  No  person  shall  be  allowed  to  vote  12.     Registrar's  compensation ;  by  whom 

after    the    first    registration    has  allowed ;  how  cost  of  registration 

been    completed    unless    he    shall  for  special  election  to  be  paid, 

have     been     registered,     except;  13.     Commissioners    shall    return    regis- 
penalty   for  commissioner  violat-  tration   books   together   with   the 

ing  any  provision  of  this  act.  ballot  boxes,  etc.  to  the  clerk  of 

10.     Voter  removed  from  precinct  where  the  county  court. 

registered  may  obtain  certificate  14.     Inconsistent  acts   repealed, 
from  county  clerk  to  vote  in  an- 
other    precinct ;     commissioner's 
duty. 

Be  it  enacted  by  the  Legislature  of  West  Virginia: 

Sec.  1.  There  shall  be  appointed  by  the,  county  court  of  each  and 
every  county  in  the  state,  not  later  than  the  first  day  of  September  in 
each  and  every  year  when  there  is  a  general  election  to  be  held,  one 
competent  voter  to  be  styled  the  registrar  for  each  voting  precinct  in  the 
several  counties  of  the  state.  The  registrar  shall  register  as  hereinafter 
provided  the  male  citizens  who  are  entitled  to  vote  under  the  laws  of  this 
state.  Said  registrars  shall  each,  before  entering  upon  the  discharge  of 
their  duties  take  an  oath  to  support  the  constitution  of  the  United  States 
and  the  constitution  of  the  state  of  West  Virginia,  and  to  perform  the 
duties  of  his  office  to  the  best  of  his  ability.  Said  oath  shall  be  filed  in 
the  office  of  the  clerk  of  the  county  court. 

Sec.  2.  The  county  court  shall  cause  to  be  prepared  suitable  books  and 
blanks  for  the  registration  of  voters  and  the  facts  required  by  this  act, 
and  the  clerk  of  the  county  court  shall  distribute  said  books  and  blanks 
to  the  registrars  of  the  respective  voting  precincts.  The  book  aforesaid 
shall  be  so  arranged  as  to  admit  of  the  alphabetical  classification  of  the 
names  of  voters  and  ruled  in  parallel  columns  on  which  shall  be  entered 
first,  the  name  of  the  person  registered;  second,  age;  third,  the  place 
of  his  birth;  fourth,  the  time  of  his  residence  in  the  precinct,  district, 
county  and  state;  fifth,  if  naturalized,  the  date  of  the  papers  and  the  court 
by  which  issued. 

Sec.  3.  Before  any  registrar  shall  register  the  name  of  any  person  as 
a  qualified  voter,  he  must  be  satisfied  of  his  qualification  as  herein  pro- 
vided and  for  this  purpose  he  is  hereby  given  authority  to  administer 
oaths  and  may  require  the  person  desiring  to  register  to  answer  under 
oath  the  following  questions: 

First — Are  you  a  citizen  of  the  United  States? 

Second — Are  you  a  native  or  naturalized  citizen? 

If  the  person  offering  to  be  registered  claims  to  be  a  naturalized  cit- 
izen of  the  United  States  he  shall  produce,  for  the  inspection  of  the  officer 
of  registration,  a  certificate  or  other  evidence  of  his  naturalization,  and 
also  state  under  oath  or  affirmation  that  he  is  the  identical  person  named 
therein;  but  the  production  of  the  certificate  shall  not  be  required  if  the 
person  offering  to  be  registered  states  under  oath,  when  and  where  he 


40  Elections  by  the  People. 

was  naturalized,  that  he  has  had  a  certificate  of  naturalization,  and  that 
against  his  will  the  same  was  lost,  destroyed  or  beyond  his  power  to 
produce  the  same;  or  if  he  states  under  oath  that  by  reason  of  the 
naturalization  of  his  parents,  or  one  of  them,  he  has  become  a  citizen 
of  the  United  States,  and  where  or  when  his  parents  were  naturalized. 

Third — Will  you  have  resided  in  this  state  for  one  year  immediately 
preceding  the  coming  election? 

Fourth — Have  you  been  absent  from  this  state  within  the  year  imme- 
diately precding  the  coming  election?     (If  yes,  when?) 

Fifth — When  you  left  this  state  did  you  leave  for  a  temporary  pur- 
pose with  the  intention  of  returning;  or  for  the  purpose  of  remaining 
away? 

Sixth — Did  you  while  absent  look  upon  or  regard  this  state  as  your 
home? 

Seventh — Did  you  while  absent  vote  in  any  other  state? 

Eighth — Will  you  have  resided  in  this  county  for  sixty  days  prior  to 
the  coming  election? 

Ninth — When  did  you  last  come  into  this  county? 

Tenth — When  you  came  into  this  county,  did  you  come  for  a  temporary 
purpose  or  for  the  purpose  of  making  it  your  home? 

Eleventh — Did  you  come  into  this  county  for  the  mere  purpose  of  voting 
in  this  county? 

Twelfth — Did  you  come  into  your  precinct  merely  for  the  purpose  of 
voting  in  it? 

Thirteenth — Are  you  an  actual  resident  of  that  precinct? 

Fourteenth — Are  you  twenty-one  years  of  age,  or  will  be  such,  at  the 
coming  election,  to  the  best  of  your  knowledge  and  belief? 

He  shall  also  put  such  other  questions  to  the  persons  offering  to  be 
registered  as  may  be  necessary  to  test  his  qualifications  as  a  legal  voter 
at  the  coming  election,  or  require  such  additional  evidence  as  he  may 
deem  necessary.  Every  person  shall  be  registered  who  will  be  entitled 
to  vote  at  the  first  election  occurring  after  the  registration,  by  reason  of 
his  arriving  at  twenty-one  years  of  age  before  the  time,  or  by  reason  of 
his  having  resided  for  a  sufficient  length  of  time  in  the  state  and  county, 
provided  if  otherwise  qualified. 

Sec.  4.  The  registrar  shall  not  allow  the  name  of  any  foreign  born 
resident  or  citizen  qualified  as  aforesaid  to  be  registered  unless  his  natur- 
alization papers  or  certified  copies  thereof  be  produced  and  exhibited  to 
him,  except  as  otherwise  herein  provided. 

Sec.  5.  The  registrars  shall  immediately  upon  receipt  of  notice  of 
their  appointment,  proeeed  to  register  the  names  of  the  qualified  voters 
within  their  respective  election  precincts  in  accordance  with  the  pro- 
visions of  this  act,  and  shall  have  such  registration  completed  on  or 
before  the  first  day  of  October,  in  each  year  in  which  there  is  a  general 
election  to  be  held:  provided,  that  in  any  year  in  which  a  general  elec- 
tion is  to  be  held,  after  the  year  nineteen  hundred  and  eight,  the  said 
registrar  shall  transfer  from  the  registration  books  for  the  preceding  year 
in  which  an  election  was  held,  the  names  of  all  qualified  voters  .of  said 
precinct,  appearing  on  said  books  which  shall  be  a  sufficient  registration 
of  such  voter. 


Elections  by  the  People.  41 

They  shall  also  sit  for  the  amending  and  correcting  the  registration 
list  beginning  October  tenth  (Sunday  excepted),  giving  one  day  for  that 
purpose,  and  they  shall  give  notice  of  the  time  and  place  of  sitting  for 
registration  and  correction  at  least  ten  days  previous  thereto,  by  posting 
printed  notices  at  each  of  said  voting  precincts;  and  the  county  court  may, 
if  it  deem  proper,  publish  the  same  in  some  county  paper. 

Sec.  6.  Qualified  voters  may  be  registered  at  any  time  after  the  reg- 
ular appointed  days  of  registration  are  past,  but  not  later  than  ten  days 
before  any  election  at  which  such  person  may  desire  to  vote  (except  as 
hereinafter  provided),  by  his  application  to  the  proper  registrar  or  the 
county  court. 

Sec.  7.  At  least  fifteen  days  preceding  the  next  election  after  the  regis- 
tration of  voters  under  this  act  and  at  least  fifteen  days  preceding  any 
general  election  thereafter,  the  registrar  shall  make  and  file  with  the 
clerk  of  the  county  court  two  copies  of  the  registration  books.  It  shall 
he  the  duty  of  the  county  court  to  convene  in  special  session  on  the  last 
Monday  of  October  preceding  any  general  election  to  examine  such  books, 
and  if  they  are  satisfied  that  persons  have  been  registered  who  are  not 
entitled  to  vote,  they  shall  cause  their  names  to  be  stricken  from  the 
list  of  voters;  and  if  they  should  find  that  persons'  names  have  been 
omitted  by  the  registrars  who  should  be  registered,  the  court  shall  cause 
their  names  to  be  entered  as  qualified  to  vote;  but  in  no  case  shall  the 
court  erase  the  name  ofi  any  voter  until  he  shall  have  due  notice  of 
the  time  and  place  of  taking  the  evidence  to  prove  his  disqualification, 
which  evidence  he  shall  have  the  right  to  rebut,  and  shall  have  his 
name  restored  to  such  list  if  improperly  stricken  therefrom.  And  the 
clerk  of  the  county  court  shall  furnish  one  of  said  copies  to  the  election 
commissioners  of  the  respective  voting  precincts  with  the  ballot  boxes 
and  other  election  supplies  for  use  by  them  in  conducting  the  election  in 
said  voting  precincts. 

Sec.  8.  Any  registrar  who  shall  wilfully  or  maliciously  register  the 
name  of  any  person  not  a  qualified  voter  of  said  precinct  or  reject  from 
registration  the  name  of  any  qualified  voter  of  the  precinct  contrary  to 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  felony  and  upon 
conviction  therefor  shall  be  confined  in  the  state  penitentiary  not  less  than 
one,  nor  more  than  five  years,  or  fined  not  less  than  fifty,  nor  more  than 
five  hundred  dollars  at  the  discretion  of  the  court. 

Sec.  9.  No  person  shall  be  allowed  to  vote  at  any  election  hereafter 
held  in  this  state  after  the  first  registration  shall  have  been  completed 
according  to  the  provisions  of  this  act,  unless  he  shall  have  been  regis- 
tered, (except  as  hereinafter  provided),  and  the  commissioners  of  every 
election  shall  allow  only  those  to  vote  whose  names  shall  appear  on  the 
registration  book  returned  by  the  proper  registrar  (except  as  hereinafter 
provided) ;  and  any  commissioner  who  shall  wilfully  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and  on 
conviction  thereof  shall  be  fined  not  less  than  fifty  nor  more  than  one 
hundred  dollars,  or  imprisoned  not  less  than  ten  nor  more  than  ninety 
days  in  the  county  jail,  or  both,  at  the  discretion  of  the  court,  for  every 
such  offence. 

Sec.  10.     Any  voter  who  shall  have  been  registered  in  any  precinct  as 


42  Elections  by  the  People. 

hereinbefore  provided,  and  shall  have  removed  from  such  precinct  to  an- 
other precinct  within  the  same  county,  may  obtain  a  certificate  from  the 
registrar  of  the  precinct  in  which  he  has  registered,  or  from  the  clerk 
of  the  county  court  in  case  the  registration  books  have  been  filed  with 
such  clerk,  and  present  the  same  to  the  election  commissioners  of  the 
precinct  wherein  he  resides,  and  if  such  commissioners  shall  be  satisfied 
that  such  voter  has  a  legal  residence  in  the  precinct  wherein  he  offers 
to  vote,  they  shall  register  such  voter  and  allow  him  to  vote.  When 
such  certificate  is  issued  the  name  of  such  voter  shall  be  stricken  by 
the  registrar  or  clerk  from  the  book  from  which  such  certificate  is 
issued. 

Sec.  11.  In  case  any  special  election  is  called  and  held,  the  registrars 
appointed  prior  to  the  preceding  general  election  shall  give  the  notice 
hereinbefore  provided  for  and  shall  register  the  voters  in  their  respective 
precincts  as  hereinbefore  provided  at  least  fifteen  days  before  such  special 
election  is  held,  and  make  and  file  two  copies  of  their  registration  books 
with  the  clerk  of  the  county  court  not  later  than  ten  -days  before  such 
special  election,  and  the  county  court  shall  at  a  special  session  held  on 
the  fifth  day  before  such  special  election  examine  such  books  and  other- 
wise proceed  in  regard  to  the  same  as  provided  in  section  seven  of  this 
act;  and  the  clerk  of  the  county  court  shall  furnish  such  booKs  to  the 
election  commissioners  as  provided  in  said  section  for  any  such  special 
election.  For  the  purpose  of  this  section  the  county  court  or  clerk 
thereof  in  vacation  shall  fill  any  vacancy  in  the  office  of  registrar 
caused  by  death,  resignation  or  removal  from  the  voting  precinct  of  any 
registrar. 

12.  The  said  registrar  shall  receive  as  compensation  for  their  services 
under  this  act  the  sum  of  ten  cents  for  each  name  so  registered  by  them, 
to  be  allowed  by  the  county  court,  payable  out  of  the  county  treasury. 
But  if  the  registration  of  voters  is  made  necessary  by  the  calling  of  a 
special  election  in  a  district,  independent  district,  or  municipality,  the 
compensation  therefor  shall  be  paid  by  the  board  or  body  calling  the  said 
election,  out  of  any  funds  at  their  desposal. 

Sec.  13.  The  commissioners  of  election  shall  return  the  registration 
books  of  such  election  precinct,  together  with  the  ballot  boxes,  etc.,  to  the 
clerk  of  the  county  court. 

Sec.  14.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

96.  If  the  person  offering  to  be  registered  refuse  to  answer  fully  any 
question  put  to  him,  as  hereinbefore  provided,  his  name  shall  not  be 
listed  among  the  legal  voters;  if  any  person  refuse  to  take  the  oath  so 
required  of  him  in  the  preceding  section  his  name  shall  be  rejected,  but 
if  he  afterwards  appears  before  the  commissioners  at  the  polls  and  make 
the  affidavit  required  by  them,  then  he  shall  be  listed  and  be  permitted 
to  vote.— [Acts  1891,  ch.  89;  Acts  1905,  ch.  43.] 

Wliat  Constitutes  Residence. 

97.  The  officer  of  registration  in  determining  the  residence  of  any  per- 
son, offering  to  be  registered,  shall  be  governed  by  the  following  rules, 
so  far  as  the  same  may  be  applicable: 


Elections  by  the  People.  43 

I.  That  place  shall  be  considered  the  residence  of  a  person  in  which 
his  habitation  is  fixed,  and  to  which,  whenever  he  is  absent,  he  has  the 
intention  of  returning. 

II.  A  person  shall  not  be  considered  to  have  lost  his  residence  who 
leaves  his  home  and  goes  into  another  state  or  county  of  this  state,  for 
temporary  purposes,  with  the  intention  of  returning. 

III.  A  person  shall  not  be  considered  to  have  gained  a  residence  in  any 
county  of  this  state  into  which  he  comes  for  temporary  purposes,  without 
the  intention  of  making  such  county  his  permanent  home. 

IV.  If  a  person  move  into  another  state,  with  the  intention  to  make 
it  his  permanent  residence,  he  shall  be  considered  to  have  lost  his  resi- 
dence in  this  state. 

V.  The  mere  intention  to  acquire  a  new  residence,  without  removal, 
shall  not  constitute  non-residence,  neither  shall  the  removal,  without  the 
intention  to  acquire  a  new  residence,  constitute  non-residence. 

VI.  If  a  person  go  into  another  state,  and  while  there  exercise  the  right 
of  a  citizen  by  voting,  he  shall  be  considered  to  have  lost  his  residence 
in  this  state. 

VII.  All  questions  of  the  right  to  be  registered  shall  be  heard  and  de- 
termined by  the  officer  of  registration,  the  commissioners  at  the  polls  or 
other  officer  before  whom  said  affidavit  is  made. — [Acts  1891,  ch.  89; 
Acts  1905,  ch.  43.] 

Penalties  for  Violating  the  Registration  Laws. 

98.  If  any  person  swear  falsely,  or  make  a  false  affidavit  pertaining  to 
the  registration  of  his  vote  or  the  vote  of  another,  he  shall  be  guilty  of 
perjury,  and  on  conviction  thereof  shall  be  confined  in  the  penitentiary 
of  this  state  for  not  more  than  three  years;  and  if  any  officer  of  regis- 
tration or  other  officer  shall  register  or  cause  to  be  registered  any  person 
who  is  not  entitled  to  be  registered,  or  refuse  to  register  any  person  who 
is  entitled  to  be  registered,  knowing  the  same  to  be  true,  shall  be  guilty 
of  felony,  and  on  conviction  thereof,  shall  be  confined  in  the  penitentiary 
for  not  more  than  two  years. 

The  affidavits  taken  by  election  commissioners,  or  others  authorized  to 
administer  oaths,  of  persons  desiring  to  be  registered  shall  be  preserved 
as  other  affidavits  taken  by  them  and  delivered  in  the  same  manner  to 
the  clerk  of  the  circuit  court  of  their  county,  who  shall  present  them 
to  the  grand  jury  of  his  county  for  investigation. — [Acts  1891,  ch.   89.] 

99.  It  shall  be  the  duty  of  the  judge  of  every  court,  in  which  a  grand 
jury  is  empanelled,  to  give  thereto  instructions  in  regard  to  elections  as 
the  court  deems  advisable. — [Acts  1891,  ch.  89;   Acts  1905,  ch.  43."] 

Receiving  Bribe. 

100.  If  any  voter,  directly  or  indirectly,  by  himself  or  through  any 
other  person,  receives,  agrees  or  contracts  for,  before,  during  or  after  the 
election,  any  money,  gift,  loan  or  other  valuable  consideration,  office,  place 
or  employment,  for  himself  or  any  other  person,  for  voting  or  agreeing  to 
vote,  or  for  refraining  or  agreeing  to  refrain  from  voting  at  any  election, 
or  for  not  voting  or  agreeing  to  vote,  or  refraining  or  agreeing  to  refrain 
from    voting    for    any    particular    person    or    persons,    or    proposition    or 


44 


Elections  by  the  People. 


question  at  any  election,  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  disfranchised  for  not  more  than  ten  years,  for 
the  first  offence,  and  for  a  second  offence  he  shall  be  disfranchised  during 
life.  Any  voter  asking  or  soliciting  money  from  any  candidate,  before 
any  primary  or  any  election,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  fined  not  less  than  twenty-five  nor  more  than 
fifty  dollars  and,  upon  failure  to  pay  said  fine,  shall  be  confined  in  the 
county  jail  not  to  exceed  sixty  days. — [Acts  1905,  ch.  43.] 


CHAPTER    22— ACTS    1908. 


AN  ACT  to  prevent  corrupt  practices  in  election,  to  limit  the  expenses 
of  candidates,  to  prescribe  the  duties  of  candidates  and  political  com- 
mittees and  provide  penalties  and  remedies  for  the  violation   of  this 
act. 
[Passed  February  25,  1908.     In  effect  ninety  days  from  passage.     Approved  March 

3,    1908.] 
Sec.  Sec 

1.  Who   deemed   guilty   of  bribery   at        9. 

elections ;  penalty ;  law  shall  not 
be  construed  to  extend  to  money       10. 
paid    on    account    of    proper    ex-       11. 
pense ;  proper  expenses  defined. 

2.  Persons     also     deemed     guilty     of 

bribery    in     elections ;     penalty ;       12. 
when  person  not  to  be  prosecut- 
ed ;    when    person    making    false 
charge   deemed   guilty   of  felony.       13. 

3.  When  person  deemed  guilty  of  mis- 

demeanor for  corruptly  influenc- 
ing voter  by  certain  methods.  14. 

4.  Penalty    for    person    to    inflict    or 

threaten  any  damage  to  voter  to 
compel  him  to  vote  for  any  per- 
son or  candidate. 

5.  Penalty   for    person    deemed    guilty 

of   impersonation    or   person    ap-       15. 
plying  for  ballot  for  own  use  af- 
ter voting  once. 

6.  Penalty  for  candidates  for  office,  to       16. 

be  filled  by  popular  vote,  to  ex- 
pend  any   money,   etc.   to  secure 
aid    in    securing    nomination    or       17. 
election ;  except  certain   sum  de- 
termined  upon;   basis  of  assess- 
ment. 
•  7.     Time    for    holding  -caucus,    conven- 
tion or  primary  to  nominate  can-       18. 
didate  for  certain   offices ;   state- 
ment to  be  made  out  and  filed,       19. 
with  whom ;  what  to  show. 
8.     Penalty  for  failure  to  comply  with 

the  provisions  of  section  seven.  20. 


No  person  to  receive  any  salary, 
etc.  prior  to  filing  of  statement. 

What  deemed  a  political  committee. 

Political  committees  to  appoint  and 
constantly  maintain  a  treasurer ; 
duty  of  treasurer ;  unlawful  acts. 

Duty  of  treasurer  of  political  com- 
mittee as  to  keeping  of  state- 
ments. 

Treasurer  to  file  statement  in  office 
of  county  clerk;  what  statement 
to  set  forth. 

Every  clerk  of  the  county  court 
shall  receive  and  file  statement ; 
to  be  kept  on  record,  subject  to 
public  inspection ;  certified  copies 
of  statements  admitted  as  evi- 
dence in  all  courts. 

Treasurer  deemed  guilty  of  mis- 
demeanor if  he  fail  to  file  report 
with  county  clerk. 

Treasurer  deemed  guilty  of  mis- 
demeanor for  committing  certain 
offences. 

No  life  insurance  company,  etc.  to 
give  directly  or  indirectly  any 
sum  of  money  or  other  thing  of 
value  to  any  candidate  for  nom- 
ination or  election ;  penalty. 

Penalty  for  violation  of  act  not 
specifically  provided  for. 

Judge  of  circuit  and  criminal 
courts  to  give  this  act  in  charge 
to  all  grand  juries. 

Inconsistent  acts  repealed. 


Be  it  enacted  by  the  Legislature  of  West  Virginia. 

Sec.  1.    The  following  persons  shall  be  deemed  guilty  of  bribery  at  elec- 
tions and  shall  be  punished  as  in  this  section  provided. 


Elections  by  the  People.  45 

j 
First.  Every  person  who  shall  directly  or  indirectly,  by  himself  or  by 
other  person  on  his  behalf,  give,  lend,  or  agree  to  give  or  lend  or  offer, 
promise,  or  promise  to  procure  or  endeavor  to  procure  any  money  or  val- 
uable consideration  or  any  place  or  employment,  public  or  private,  to  or 
for  any  voter,  or  to  or  for  any  person  on  behalf  of  any  voter,  or  to  or  for 
any  person  in  order  to  induce  any  voter  to  vote  or  refrain  from  voting 
or  to  vote  for  any  particular  person  or  candidate,  or  object,  or  refrain 
therefrom  or  shall  corruptly  do  any  such  act  as  aforesaid  on  account 
of  such  voter  having  voted  or  refrained  from  voting  at  an  election,  or 
having  voted  for  any  particular  person  or  candidate  or  object,  or  re- 
fraining therefrom. 

Second.  Every  person  who  shall  in  consequence  of  any  gift,  loan,  or 
offer,  promise  of  any  place  or  employment  public  or  private,  procurement, 
or  agreement,  procure  or  engage,  promise  or  endeavor  to  procure,  the 
election  of  any  person  to  a  public  office,  or  the  vote  of  any  voter  at  any 
election. 

Third.  Every  person  who  shall  advance  or  pay  or  cause  to  be  paid 
any  money  to  or  for  the  use  of  any  other  person  with  the  intent  that 
such  money  or  any  part  thereof  shall  be  expended  in  bribery  at  any  elec- 
tion, or  who  shall  knowingly  pay  or  cause  to  be  paid  any  money  wholly 
or  in  part  expended  in  bribery  at  any  election;  any  person  so  offending 
shall  be  guilty  of  a  misdemeanor  and  may  be  punished  by  imprisonment 
in  the  county  jail  for  a  term  of  not  less  than  six  months  or  more  than 
one  year,  at  the  discretion  of  the  court,  and  be  fined  not  more  than  one 
thousand  dollars,  and  shall  in  addition  thereto  forfeit  his  office.  If  any 
person,  or  committee  or  representative  of  any  church,  school,  charitable 
institution  or  religious  society  shall  knowingly  solicit  a  candidate  for 
office  or  a  candidate  for  nomination  to  any  office,  to  give,  lend,  or  agree 
td  lend,  offer,  promise,  or  promise  to  procure  any  money  or  valuable 
consideration  for  use  of  himself  or  other  person,  or  for  said  church, 
school,  charitable  institution  or  society,  the  person  or  persons  so  offend- 
ing shall  be  guilty  of  misdemeanor  and  fined  not  exceeding  one  hundred 
dollars. 

Provided,  always,  that  the  foregoing  enactment  shall  not  extend  to 
or  be  construed  to  extend  to  any  money  paid  or  agreed  to  be  paid  for 
or  on  account  of  any  proper  expenses  incurred  at  or  concerning  any 
election. 

Proper  expenses  are  herein  defined  to  be  such  as  are  or  may  by  rea- 
sonable construction  be  included  only  in  the  following,  that  is  to  say: 
First.     For  the  personal  traveling  expenses  of  the  candidate. 
Second.     For  the  reasonable  rent  of  hall  or  room  for  the  delivery  of 
speeches  relative  to  principles  of  candidates  in  any  pending  election. 

Third.  For  the  payment  of  reasonable  compensation  to  public  speakers 
and  musicians  at  public  meetings  and  their  necessary  traveling  ex- 
penses. 

Fourth.  Printing  and  distribution  of  list  of  candidates  or  sample 
tickets,  speeches  or  addresses  by  pamphlets,  newspapers  or  circulars  rela- 
tive to  candidates  or  political  issues  or  principles,  cards,  hand-bills,  posters 
or  announcements. 


46  Elections  by  the  People. 

Fifth.     For  copying  and  classifying  poll  lists. 
Sixth.     For  making  canvasses  of  voters. 

Seventh.     For  expressage  or  freight  or  charge  for  other  like  purpose, 
and  for  postage,  telegraph,  telephone,  or  other  public  messenger  service. 
Eighth.     For  reasonable  clerk  hire  at  the   headquarters   or  offices  of 
campaign  committees,  or  at  the  office  of  the  candidates. 

Sec.  2.  The  following  persons  shall  also  be  guilty  of  bribery  at  elec- 
tions and  shall  be  punished  as  in  this  section  provided: 

First.  Every  voter  who  shall,  before  or  during  any  election,  directly 
or  indirectly  by  himself,  or  by  another  person  on  his  behalf,  solicit,  de- 
mand, receive,  agree  or  contract  for  any  money,  gift,  loan,  or  valuable 
considerations,  office,  place  or  employment,  or  solicit  any  endorsement  on 
a  note  or  other  paper  public  or  private  for  himself  or  for  any  other 
person,  for  voting  or  agreing  to  vote,  or  for  voting  for  any  person  or  can- 
didate or  object  or  agreeing  to  refrain  therefrom,  or  from  refraining  or 
agreeing  to  refrain  from  voting  at  any  election. 

Secpnd.  Evey  person  who  shall,  after  any  election,  directly  or  indi- 
rectly by  himself,  or  any  other  person  on  his  behalf  solicit,  demand  or 
receive  any  money  or  valuable  consideration  on  account  of  any  person 
having  voted  or  refrained  from  voting,  or  having  induced  any  other 
person  to  vote  or  refrain  from  voting  at  any  election,  and  any  person 
so  offending  shall  be  guilty  of  a  misdemeanor  and  may  be  punished  by 
imprisonment  in  the  county  jail,  at  the  discretion  of  the  court,  for  not 
more  than  six  months  and  be  fined  not  more  than  one  hundred  dollars. 
But  if  such  voter  or  person  mentioned  in  this  section  shall  testify  and* 
speak  the  truth  on  behalf  of  the  state  in  any  "prosecution  against  the 
giver  or  promiser,  he  shall  not  be  prosecuted  for  any  offence  under  this 
section. 

Any  person  who  shall  make  a  false  charge  under  oath  or  give  false 
evidence  against  a  person  who  has  been  a  candidate  for  office  and  who 
has  received  the  majority  of  the  votes  cast  for  the  office  for  which  such 
person  was  a  candidate  at  any  election,  held  in  this  state,  and  any  per- 
son who  shall  give  false  evidence  either  in  the  form  of  an  affidavit  or  as 
a  witness  before  any  court,  or  in  any  impeachment  proceeding  against 
any  candidate,  and  any  persons  who  shall  form  a  conspiracy  or  assist  in 
the  formation  thereof  or  become  conspirators  against  any  candidate  to 
Avrongfully  deprive  such  candidate  of  the  office  for  which  he  has  received 
a  majority  of  the  votes  cast  for  such  office,  shall  be  guilty  of  a  felony  and 
upon  conviction  thereof  be  confined  in  the  penitentiary  of  this  state  not 
less  than  five  nor  more  than  ten  years.  Conspirators  within  the  meaning 
of  this  section  shall  include  each  person  who  shall  become  engaged  with 
another  or  others,  in  an  effort  to  wrongfully  deprive  a  person  of  the 
office  for  which  such  person  had  received  a  majority  of  the  votes  cast  for 
such  office. 

Sec.  3.  Any  candidate  for  a  public  office,  or  any  other  persons  seeking 
to  become  the  nominee  of  any  party  as  such  candidate,  who  prior  to  any 
primary  election,  convention,  or  other  meeting  held  to  select  delegates 
to  a  convention  to  nominate  a  candidate  for  the  public  office  which  he 
seeks  to  obtain,  or  who,  at  any  time  prior  to  the  election  whereat  an 
incumbent  for  the  office  so  sought  by  him  is  chosen,  corruptly  by  himself. 


Elections  by  the  People.  47 

or  by  any  other  person,  directly  or  indirectly,  gives  or  provides  or  pays, 
wholly  or  in  part,  or  promises  to  pay  wholly  or  in  part  the  expenses  of 
going  to  such  election,  primary  election,  convention,  or  other  meeting, 
or  providing  any  meat,  drink,  entertainment,  or  provisions  to  or  for  any 
person  for  the  purpose  of  corruptly  influencing  him,  or  any  other  person 
to  give  or  refrain  from  giving  his  vote  at  such  election,  shall  be  guilty 
of  a  misemeanor  and  upon  conviction  thereof  shal  be  fine  not  more 
than  one  hundred  dollars. 

Sec.  4.  Every  person  who  shall  directly  or  indirectly,  by  himself  or 
any  person  on  his  behalf,  make  use  of,  or  threaten  the  use  of  any  force, 
violence  or  restraint  or  inflict  or  threaten  to  inflict  by  himself  or  by  any 
other  person,  any  damage,  harm,  or  loss  upon  or  against  any  person,  in 
order  to  induce  or  compel  such  person  to  vote  or  to  vote  for  any  person 
or  candidate  or  object  or  to  refrain  therefrom  or  refrain  from  voting  at 
any  election,  or  who  shall,  by  abduction,  duress,  or  any  fraudulent  device 
or  contrivance,  impede  and  prevent  the  free  exercise  of  the  franchise  of 
any  election  shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  not  more  than  one  hundred  dollars. 

Sec.  5.  A  person  shall  for  all  purposes  of  this  act,  be  deemed  guilty 
of  the  offence  of  impersonation  who  at  any  election  held  pursuant  to  the 
laws  of  this  state,  applies  for  a  ballot  in  the  name  of  some  other  person, 
whether  that  name  be  that  of  a  person  living  or  dead,  or  of  a  fictitious 
person,  or  who,  having  voted  once  at  any  election  applies  at  the  same 
election  for  a  ballot  in  his  own  name  or  in  any  other  name  for  his  own 
use;  and  any  person  who  commits  the  offence  of  impersonation,  or  who 
aids,  abets,  counsels  or  procures  the  commission  of  that  offence  shall  be 
guilty  of  a  misdemanor  and  upon  conviction  thereof  shall  be  confined 
in  the  county  jail  for  a  term  of  not  exceeding  one  year. 

Sec.  6.  No  candidate  for  congress  or  for  any  public  office  in  this  state, 
or  any  county,  district  or  municipality  thereof,  which  office  is  to  be  filed 
by  popular  election,  shall  by  himself,  by  or  through  any  agent  or  agents, 
committee  or  organization,  or  any  person  or  persons  whatsoever,  in  the 
aggregate,  pay  out  or  expend,  or  promise  or  agree  or  offer  to  pay,  con- 
tribute or  expend  any  money  or  other  valuable  things  in  order  to  secure 
or  aid  in  securing  his  nomination  or  election  respectively,  to  any  office 
to  be  voted  for  at  same  election,  or  in  aid  of  any  party  or  measure  in 
excess  of  a  sum  to  be  determined  upon  the  following  basis,  namely: 

For  five  thousand  voters  or  less,  two  hundred  and  fifty  dollars;  for 
each  one  hundred  voters  over  five  thousand  and  under  twenty-five  thou- 
sand, two  dollars  for  each  one  hundred  voters;  over  twenty-five  thousand 
and  under  fifty  thousand,  one  dollar;  and  for  each  one  hundred  voters 
over  fifty  thousand,  fifty  cents.  The  number  of  voters  to  be  ascertained 
by  the  total  number  of  votes  cast  for  all  the  candidates  for  such  office 
at  the  last  preceding  regular  election  held  to  fill  the  same,  and  any  pay- 
ment, contribution,  or  expenditure,  or  promise,  agreement,  or  offer  to  pay, 
contribute  or  expend  any  money  or  valuable  thing  in  excess  of  said  sum, 
for  such  objects  and  purposes,  is  herein  declared  unlawful  and  any  per- 
son violating  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  fined  not  less  than  two  hundred  and  not  more  than 
five  hundred  dollars. 


48  Elections  by  the  People. 

See.  7.  Every  person  who  shall  be  a  condidate  before  any  caucus  or 
convention,  or  at  any  primary  election,  for  nomination  of  candidates  for 
representatives  in  the  congress  of  the  United  States,  and  all  state,  county 
and  district  officers,  which  caucus,  convention  or  primary  election  shall 
be  held  not  earlier  than  the  fifteenth  day  of  May,  nor  later  than  the 
fifteenth  day  of  August  next  preceding  a  general  election,  or  at  any 
election  for  any  state,  county,  or  district  office,  or  for  senator  or  repre- 
sentative in  the  congress  of  the  United  States,  shall  within  thirty  days 
after  the  election  held  to  fill  such  office  or  place,  make  out  and  file  with 
the  officers  employed  by  law  to  issue  the  certificate  of  election  to  such 
office  or  place  and  a  duplicate  thereof  with  the  clerk  of  the  county  court  for 
the  county  in  which  such  candidates  reside,  a  statement  in  writing, 
which  statement  shall  be  subscribed  and  sworn  to  by  such  candidate  be- 
fore an  officer  authorized  to  administer  oaths,  setting  forth  in  detail  all 
sums  of  money  contributed,  disbursed,  expended  or  promised  by  him  to 
the  best  of  his  knowledge  and  belief  by  any  other  person  or  persons  in 
his  behalf,  wholly  or  in  part,  in  endeavoring  to  secure  or  in  any  way 
in  connection  with  his  nomination  or  election  to  such  office  or  place, 
or  in  connection  with  the  election  of  any  other  person  at  said  election; 
and  showing  the  dates  when,  and  the  persons  to  whom,  and  the  purpose 
for  which  all  such  sums  were  paid,  expended,  or  promised.  Such  state- 
ment shall  set  forth  that  the  same  is  as  full  and  explicit  as  affiant  is 
able  to  make  it. 

Sec.  8.  Any  person  failing  to  comply  with  the  provisions  of  the  fore- 
going seventh  section,  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  fined  not  more  than  five 
hundred  dollars. 

Sec.  9.  No  person  shall  receive  any  salary  or  any  emoluments  for  any 
period  prior  to  the  filing  of  said  statement  provided  for  in  section  seven. 

Sec.  10.  Every  two  or  more  persons  who  shall  be  elected,  appointed, 
chosen,  or  associated  for  the  purpose,  wholly  or  in  part,  for  raising,  col- 
lecting or  disbursing  money  or  controlling  or  directing  the  raising,  col- 
lection or  disbursement  of  money  for  election  purposes,  and  every  two  or 
more  persons  who  shall  cooperate  in  the  raising,  collection  or  disburse- 
ments, or  in  controlling  or  directing  the  raising,  collection  or  disburse- 
ment of  money,  used  or  to  be  used  in  the  furtherance  of  the  election,  or 
defeat  the  election  to  public  office  of  any  person  or  any  class  or  number  of 
persons,  or  in  the  furtherance  of  the  enactment  or  to  defeat  the  enact- 
ment of  any  law  or  ordinance  or  constitutional  provision,  shall  be  deemed 
a  political  committee  within  the  meaning  of  this  act. 

Sec.  11.  Every  political  committee  shall  appoint  and  constantly  main- 
tain a  treasurer  to  receive,  keep  and  disburse  all  sums  of  money  which 
may  be  collected  or  received  or  disbursed  by  such  committee,  or  by  any 
of  its  members  for  any  of  the  purposes  mentioned  in  section  ten  of  this 
act;  for  which  such  committee  exists  or  acts,  and  unless  such  treasurer  is 
first  appointed  and  thereafter  maintained,  it  shall  be  unlawful  and  a  vio- 
lation of 'this  act  Tor  a  political  committee  or  any  of  its  members  to 
collect,  receive,  or  disburse  moneys  for  any  such  purpose.  All  money 
collected  or  received  or  disbursed  by  any  political  committee,  or  by  any 
member  or  members  thereof,  for  any  of  the  purposes  mentioned  in  section 


Elections  by  the  People.  49 

ten  of  this  act,  and  for  which  said  committee  exists  or  acts,  shall  be  paid 
over  and  made  to  pass  through  the  hands  of  the  treasurer  of  such  com- 
mittee and  shall  be  disbursed  by  him;  and  it  shall  be  unlawful  and  a 
violation  of  this  act  for  any  political  committee,  or  for  any  member  or 
members  of  a  political  committee  to  disburse  or  expend  money  for  any  of 
the  objects  or  purposes  mentioned  in  section  ten  of  this  act,  and  for  which 
such  committee  exists  or  acts,  until  the  money  so  disbursed  or  expended 
shall  have  passed  through  the  hands  of  the  treasurer  of  said  political 
committee. 

Sec.  12.  Every  treasurer  of  a  political  committee  and  every  person 
who  shall  at  any  time  act  as  such  treasurer  shall,  whenever  he  receives 
or  disburses  money  as  such  treasurer  or  for  or  on  account  of  any  of  the 
objects  or  purposes  mentioned  in  section  ten  of  this  act,  immediately 
enter  and  thereafter  keep  in  a  proper  book  or  books  to  be  provided  and 
preserved  by  him,  a  full,  true  and  detailed  statement  and  account  of  each 
and  every  sum  of  money  so  receivd  or  disbursed  by  him  setting  forth 
in  such  statement  the  sum  so  received  or  disbursed,  as  the  case  may  be, 
and  the  date  when  and  the  person  from  whom  received,  or  to  whom  paid, 
as  the  case  may  be,  and  the  object  and  purpose  for  which  such  sum  was 
received  or  disbursed. 

Sec.  13.  Every  treasurer  of  a  political  committee  as  defined  in  this 
act  and  every  person  who  acts  as  such  treasurer,  shall,  within  thirty 
days  after  each  election  whether  state,  county,  or  district  election,  in 
or  concerning  or  in  connection  with  which  he  shall  have  received  or  dis- 
bursed any  money  for  any  of  the  objects  or  purposes  mentioned  in  section 
ten  of  this  act,  prepare  and  file  in  the  office  of  the  county  clerk  of  the 
county  court  in  which  such  treasurer  resides  a  full,  true  and  detailed  ac- 
count and  statement,  subscribed  and  sworn  to  by  him  before  an  officer 
authorized  to  administer  oaths,  setting  forth  each  and  every  sum  of 
money  received  or  disbursed^by  him  for  any  of  the  objects  or  purposes 
mentioned  in  section  ten  of  this  act,  within  the  period  beginning  four 
months  before  such  election  and  ending  on  the  day  on  which  such  state- 
ment is  filed,  the  date  of  each  receipt  and  each  disbursement,  the  name  and 
address  of  the  person  from  whom  received  or  to  whom  paid,  and  the 
object  or  purpose  for  which  the  same  was  received  and  the  object  or  pur- 
pose for  which  it  was  disbursed.  Such  statements  shall  also  set  forth  the 
unpaid  debts  and  obligations,  if  any,  of  such  committee,  with  the  nature 
and  amount  of  each,  and  to  whom  owing,  in  detail,  and  if  there  are  any 
unpaid  debts  or  obligations  of  such  committee,  such  statement  shall  state 
such  facts. 

Sec.  14.  Every  clerk  of  the  county  court  in  each  of  the  counties  of 
this  state  shall  receive  and  file  in  his  office  and  there  keep  as  a  part  of 
the  records  thereof,  all  statements  and  accounts  required  by  this  act 
to  be  filed  with  him;  and  the  same  shall  be  recorded  in  a 'well  bound, 
suitable  record  book  to  be  kept  in  his  office  as  a  part  of  the  records 
therein.  Such  statments  and  accounts  and  record  book  shall  at  all 
reasonable  times  be  open  to  public  inspection.  Copies  of  such  statements 
or  records  certified  by  such  clerk,  of  any  such  statement  or  statements  or 
records,  shall  be  admitted  to  evidence  in  all  courts  with  like"  force  and 
effect  as  the  original  would  have  if  produced. 


50  Elections  by  the  People. 

Sec.  15.  Every  treasurer  of  a  political  committee,  as  denned  in  thlj 
act,  who  shall  wilfully  fail,  neglect  or  refuse  to  make  out,  verify  and 
file  with  the  clerk  of  the  county  court  the  statement  required  in  this  act. 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not 
less  than  one  hundred  dollars  or  more  than  five  hundred  dollars. 

Sec.  16.  Every  treasurer  of  political  committee  and  every  person  who 
shall  receive  any  money  to  be  applied  to  any  of  the  purposes  mentioned 
in  section  ten  of  this  act  who  shall  either: 

First.  Neglect  or  fail  to  keep  a  correct  book  or  books  of  account,  set- 
ting forth  all  the  details  required  to  be  set  forth  in  the  account  and 
statement  contemplated  by  this  act,  (except  that  the  book  or  books  need 
not  be  subscribed  or  sworn  to)  with  intent  to  conceal  the  receipt  or  dis- 
bursement of  any  sum  received  or  disbursed  by  him,  or  by  any  other 
person  for  the  purpose  or  object  for  which  the  same  was  received  or  dis- 
bursed or  conceal  the  fact  that  there  is  any  unpaid  obligation  of  such 
treasurer  of  such  committee,  or  the  nature  or  amount  thereof,  or  to  whom 
owing  in  detail;  or, 

Second.  Mutilate,  deface  or  destroy  any  such  book  or  books  of  account 
with  intent  to  conceal  any  fact  by  such  book  or  books,  shall  be  guilty  of 
a  misdemeanor  and  upon  conviction  shall  be  fined  not  less  than  one  hun- 
dred dollars  or  more  than  five  hundred  dollars. 

Sec.  17.  No  life  or  fire  insurance  company,  railroad,  telegraph,  express, 
telephone,  coal,  oil,  gas  company,  or  any  other  corporation  or  joint  stock 
company  or  association,  shall  directly  or  indirectly,  give  or  offer  to  give, 
contribute  or  offer  to  contribute,  any  money,  or  other  thing  of  value  or 
profit  to  any  candidate  for  nomination  for,  or  election  to  any  office  em- 
braced within  this  act,  and  any  violation  hereof  shall  be  a  misdemeanor 
and  upon  conviction  thereof  such  life,  or  fire  insurance  company,  railroad, 
telegraph,  express,  telephone,  coal  oil  or  gas  company  or  other  corpora- 
tion, shall  be  fined  not  exceeding  one  thousand  dollars. 

Sec.  18.  Any  violation  of  any  of  the  provisions  of  this  act  the  penalty 
for  which  is  not  herein  specifically  provided  for,  shall  be  deemed  a  mis- 
demeanor, and  shall  be  upon  conviction,  punished  with  a  fine  of  not  to 
exceed  one  hundred  dollars. 

Sec.  19.  The  judges  of  all  circuit  and  criminal  courts  in  this  state 
shall  give  this  act  in  charge  to  all  grand  juries  empenelled  in  their  re- 
spective courts. 

Sec.  20.  All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 


GENERAL  INSTRUCTIONS. 


[Agreed  upon  by  the  chairman  of  the  Republican  and  Democratic  State 
Executive  Committees.] 

Ballot  Commissioners. 

The  number  of  ballot  commissioners,  the  number  of  ballots  to  be  printed 
and  the  duties  of  the  ballot  commissioners  are  found  in  sections  32  to  34. 

Commissioners  of  Election. 

At  each  precinct  there  shall  be  three  commissioners  of  election,  whose 
duty  is  to  conduct  the  election  at  that  precinct  in  connection  with  the 
clerks  and  challengers. — [See  sections  7,  8  and  48.] 

Persons  Who  Cannot  Act  as  Challengers. 

1st.  A  person  not  of  good  standing  or  character  and  addicted  to  drunk- 
enness. 

2nd.  One  who  has  anything  of  value  bet  or  waged  on  the  result  of  the 
election. 

3rd.    A  candidate  to  be  voted  for  at  such  election. 

4th.  A  person  who  has  in  his  employ,  or  who  as  agent  or  superintend- 
ent has  under  his  control  or  management  ten  employes  who  are  legal 
voters'. 

Nor  can  any  person  disqualified  as  above  serve  in  any  way  as  commis- 
sioner.—  [See  Sees.   7,  8.] 

Failure  of  Commissioners  to  Serve  or  Attend. 

If  none  of  the  commissioners  of  election  appear  at  the  hour  appointed 
for  the  opening  of  the  polls  ten  qualified  voters  of  the  election  precinct 
present  may  by  a  viva  voce  vote  appoint  three  persons  to  act,  providing 
that  not  more  than  two  of  said  commissioners  belong  to  the  same  political 
party. 

If  one  commissioner  or  two  commissioners  fail  to  appear  the  others  may 
select  another  person  to  serve  to  fill  the  vacancy,  provided  that  the  per- 
son so  selected  is  a  member  of  the  same  political  party  as  the  one  failing 
to  appear,  and  always  provided  that  the  qualified  voters  of  the  party  of 
which  the  absent  commissioner  is  a  member  may  nominate  a  voter  of 
such  party  qualified  to  act,  in  which  event  it  shall  be  the  duty  of  the 
remaining  commissioners,  regardless  of  their  own  wishes,  to  appoint  such 
commissioner  or  commissioners. 

It  is  the  object  and  purpose  of  the  law  to  have  both  political  parties 
represented  at  the  election  and  it  is  clearly  against  the  spirit  of  the  law 
and  against  the  plain  letter  of  the  law  to  have  three  commissioners  of 
election  belong  to  the  same  political  party. 


52       ^      ^      ^  ^  ''^LECTIONS   BY    THE   PEOPLE. 

Poll  Clerks. 

The  poll  clerks  may  be  appointed  by  the  commissioners  of  election 
provided  the  voters  present  of  .each  political  party  do  not  name  a  person 
to  serve  for  such  political  party.  The  Democratic  voters  present  have 
the  right  to  name  a  Demorcrat  to  act  as  poll  clerk  and  the  Republican 
voters  present  have  the  right  to  name  a  Republican  to  act  as  poll  clerk, 
and  when  such  designation  is  made  it  is  the  duty  of  the  commissioners 
of  election  to  recognize  each  and  both  of  such  persons  so  designated 
and  appointed.  But  if  a  dispute  shall  arise  as  to  the  nominations  made 
by  the  voters  present  then  the  Democratic  commissioner  or  commissioners 
shall  appoint  a  Democratic  poll  clerk  and  the  Republican  commissioner 
or  commissioners  shall  appoint  a  Republican  poll  clerk.  The  statute 
gives  this  right  to  each  political  party  which  casts  the  largest  number  of 
votes  at  the  next  preceding  election. — [See  Sec.  8.] 

Challengers. 

The  county  executive  committee  of  each  of  the  two  political  parties 
which  cast  the  largest  number  of  votes  at  the  last  general  election  or  the 
chairman  of  such  committee  has  the  right  to  appoint  a  qualified  voter  in 
the  election  precinct  to  act  as  challenger.  This  challenger  is  an  officer 
of  the  election  and  is  required  to  be  sworn. — [See  Sec.  48.] 

If  the  chairman  of  the  executive  committee  of  such  party  shall  fail  to 
make  the  appointment  the  Democratic  voters  present  may  make  the  ap- 
pointment on  behalf  of  the  Democrats  and  Republican  voters  present 
may  make  the  appointment  on  behalf  of  the  Republicans. —  [See  Sec.  48.] 

Duties  and  Rights  of  Challengers. 

The  challenger  is  entitled  to  remain  in  the  election  room  from  the  open- 
ing of  the  polls  until  the  counting,  ascertainment  and  the  declaration  of 
the  result. — [See  Sec.  48.] 

The  challenger  is  charged  with  the  duty,  and  it  is  his  undoubted  right 
to  remain  in  the  election  room  from  the  beginning  to  the  end.  He  has  a 
right  to  challenge  voters,  to  be  heard  on  any  question  concerning  the  right 
of  a  voter  to  cast  his  vote  in  that  precinct,  or  in  regard  to  any  other  mat- 
ter concerning  the  right  of  a  voter.  And  it  is  his  privilege  and  duty  to 
watch  the  counting  of  the  votes  and  the  declaration  of  the  result.  He  is 
as  much  an  officer  and  entitled  to  the  same  protection  as  the  commis- 
sioners or  a  poll  clerk.  He  is  a  sworn  public  officer  charged  with  the  duty 
and  entitled  to  rights  clearly  and  specifically  defined  by  the  law. — [See 
Sees.  48,  49.] 

Penalties. 

Any  failure  of  any  election  officer  to  comply  with  the  provisions  of  the 
statute  makes  him  liable  to  heavy  penalties,  all  of  which  are  enumerated 
in  the  statute,  and  the  election  officers  are  especially  requested  to  become 
familiar  with  the  election  law  and  note  carefully  their  duties  in 'each  in- 
dividual instance. 


BAYLORD    BROS. 

MAKERS 

PAT.  JAN.  2 

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